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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II SCOPES OF STATISTICS AND ITS MAIN CONTENTS CHAPTER III SUBMISSION, MANAGEMENT AND ISSUANCE OF STATISTICAL DATA CHAPTER IV STATISTICAL INSTITUTES AND STATISTICIANS CHAPTER V REWARDS AND PENALTIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This system is formulated in accordance with the Statistical Law Of the People's Republic of China and the regulations on the implementation of this law for the purpose of accurately, timely and entirely reflecting the actual conditions of the direct overseas investment of our country, scientifically and efficiently organizing the statistical work of the direct overseas investment nationwide, and fully exerting the function through enquiry and supervision. Article 2. "The direct overseas investment" mentioned in this system refers to the economic activities which is embodied by the investment made by the domestic enterprises (hereinafter referred to the domestic investing entities) in cash, or in the form of material objects or intangible capital, in a foreign country or in the regions of Taiwan, Hong Kong and Macao, and which is centered on the operation and management power of the foreign (or overseas) enterprises. Article 3. The basic mission of statistics of the direct overseas investment is to provide an comprehensive picture of the direct overseas investment of our country entirely, accurately and timely through statistical investigation, statistical analysis and offering of statistical data, so as to prepare basis on which cadres of different levels and relevant organs may get a knowledge of the statistics, make policies and establish a nationwide pre-warning system of capital project. Article 4. This system is applicable to administrative departments engaged in the direct overseas investment of China, and to the domestic investing entities engaged in the direct overseas investment ratified (or filed for record) by the State Council or by departments authorized by the State Council. Article 5. The statistics of direct overseas investment shall be subject to a unified leadership, administration at different levels, and level-by-level-up submission. (1) Ministry of Foreign Trade and Economic Cooperation of China (hereinafter referred to "Ministry of Foreign Economic and Trade") required by the National Bureau of Statistics of China, shall be responsible for the statistics of the direct overseas investment throughout the country, for the administration of the statistics of the direct overseas investment made by the foreign economic and trade commissions (or offices, or bureaus) (hereinafter referred to the administrative departments of foreign economic and trade at the provincial level) of provinces, autonomous regions, municipalities under the Central Government, and independently listed cities, and by the enterprises managed by the Central Government, for the drawing up and collection of statistical data on the direct overseas investment throughout the country. (2) Administrative departments of the foreign economic and trade at the provincial levels shall be responsible for the statistics of the direct overseas investment in the corresponding administrative regions, for the administration of the statistics of the direct overseas investment made by the domestic investing entities (excluding the enterprises managed by the Central Government in the corresponding administrative regions, ditto) in the corresponding administrative regions, for the drawing up and collection of statistical data on the direct overseas investment in the corresponding administrative regions and submit them to Ministry of Foreign Economic and Trade. (3) Domestic investing entities shall be responsible for the management of the statistics of the direct overseas investment made by their units, for the collection of the statistical data on the enterprises which they directly invest in accordance with the format regulated by this system, and for the drawing up and collection of statistical data of their units to be submitted to the administrative departments of foreign economic and trade at the provincial level and to Ministry of Foreign Economic and Trade. CHAPTER II SCOPES OF STATISTICS AND ITS MAIN CONTENTS Article 6. Scopes of the statistics of direct overseas investment mainly involve the foreign corporate enterprises and non-corporate enterprises (hereinafter referred to foreign enterprises) established by domestic investing entities through direct overseas investment. Enterprises established abroad, according to the way they are established, mainly fall into the following types: subsidiary companies, affiliated companies and branches. Article 7. Contents covered in the statistics of the direct overseas investment are mainly as follows: basic conditions of the domestic investing entities; major economic activities of the enterprises established abroad; conditions of the proportions of the investment, income distribution and exchanges in other forms between the investing entities at home and enterprises abroad, and main economic exchange between the foreign enterprises and the inside part of China. Article 8. Indicators covered in the statistics of direct overseas investment are as follows: amount of contractual investment capital; actual investment capital; amount of capital directly invested abroad; investment income; total capital; total indebtedness; rights and interests of the owners; paid-up capital; income out of sales (operations); total amount of benefits; capital counter-invested into the domestic investing entities by the foreign enterprises, and capital invested by the foreign enterprises in the enterprises within the territory of PRC. Other norms include the following: total values of the freights imported from China; total values of the freights exported by China; total values of the materials, products and technology provided by foreign enterprises to the domestic investing entities; total values of the materials, products and technology provided by the domestic investing entities to the foreign enterprises; quantities of resource products returned to China; exports enacted by the direct overseas investment, and the number of the personnel by the end of the fiscal year. CHAPTER III SUBMISSION, MANAGEMENT AND ISSUANCE OF STATISTICAL DATA Article 9. Statistical data is a general term of the statistical information indicating the development of the direct overseas investment obtained through statistical methods and in the form of figures, including figures of statistics, statements of statistics and reports of analysis. Article 10. This system searches and collects, and sorts out statistical data by means of filling in statistical statements regularly. Investigation reports are divided into yearly statements and seasonal statements. Article 11. Channels for submission of the statements of the direct overseas investment: (1) Domestic investing entities managed by the Central Government shall submit the statistical statements directly to Ministry of Foreign Economic and Trade; (2) Other domestic investing entities shall submit the statistical statements to the administrative department of the foreign economic and trade at the provincial level; (3) Administrative departments of the foreign economic and trade at the provincial level shall collect the statistical statements of the corresponding administrative regions and meanwhile send the statistical statements to the statistical departments at the same level; and (4) Ministry of Foreign and Trade shall, after collecting the statistical statements of the direct overseas investment throughout the country, send the statistical statements to the State Statistical Bureau. Article 12. Basic units shall establish and improve the system of underwriting the statistical data. Statistical statements shall not be sent out until they are signed by the person held responsible and the tabulator of the units and are sealed by the units. Article 13. Units shall, in accordance with law, establish a system for the examination and verification, enquiry, secrecy, transmission, and filing, of the statistical documents, and shall inspect the quality of the statistical data, so as to avoid re-statistics, lack of statistics, or false statistics. In case of errors in the statistics, they shall be timely reported in a written form to the next higher statistical administrative departments for correctness. Article 14. Statistics data used in the management of business and made publicly known shall be based on the statistical data issued by Ministry of Foreign Economic and Trade and National Bureau of Statistics of China. Article 15. Statistical data classified as "confidential" State secrets shall be kept secret. Statistical institutes and statistical workers shall not disclose the business secrets of the units under investigation which they learn in the statistical investigation. CHAPTER IV STATISTICAL INSTITUTES AND STATISTICIANS Article 16. Units shall, in accordance with the needs of the missions of statistical investigation and the amount of the statistics, design statistical institutes, designate persons responsible for the statistics, and prepare full-time statisticians or appoint part-time statisticians. Article 17. Units shall stabilize their statistical departments and statisticians. Where statisticians shift to other work units or resign shall undergo procedures for the transference of their work under the supervision by the person held responsible of the statistical institutions. Article 18. Main functions and responsibilities of the statistical institutes are as follows: (1) organizing, collaborating the statistics of the corresponding units and all the other units in the corresponding administrative region, fulfilling the statistical investigation missions of the corresponding units, searching and collecting, arranging, and timely and accurately providing statistical data; (2) conducting statistical analysis on the conditions of the direct overseas investment made by the corresponding units and the corresponding administrative region, and exercising supervision over statistics; (3) being in charge of the training of the statisticians of the corresponding units and the corresponding administrative regions; and (4) managing the statistical data of the corresponding units. Article 19. Statisticians shall be armed with the professional knowledge needed for the statistical work. Article 20. Statistical institutions, persons in charge and statisticians of the statistical institutions shall enjoy the rights and bear the obligations stipulated by the Statistical Law of PRC and the regulations on the implementation of this law. CHAPTER V REWARDS AND PENALTIES Article 21. Each institution shall regularly offer encouragements and rewards to the units and individuals who have made outstanding achievements in the statistics of the direct overseas investment; whereas each institution shall criticize and assist the units and individuals whose achievements in the statistics of the direct overseas investment are not satisfactory, and if the case is serious, administrative sanctions shall be held for the persons in charge. Article 22. Any statistical institutions or statisticians that meet one of the following circumstances shall be rewarded: (1) excelling in fulfilling the statistical missions, and in guaranteeing the accuracy and timeliness of the statistical data; (2) making great achievements in statistical analysis, statistical prediction, and statistical supervision; (3) sticking to seeking truth from facts, performing the work lawfully, and combating against the actions which are in violation of the statistical system; or (4) revealing and reporting actions which are in violation of the rules and regulations on statistics. Article 23. Any institutions or statisticians that meet one of the following circumstances shall be given administrative sanctions: (1) making false statistical entries or hiding the truth in the statistical entries; (2) forging or juggling the statistical entries; or (3) refusing to submit or repeatedly delaying the statistical data. Article 24. If any person held responsible of each unit incites or forcibly order the statistical institutions or statisticians to juggle or make up forged statistical data, he shall be given administrative sanctions. If any person held responsible of each unit retaliates against the statisticians who refuse to prepare counterfeited statistical data or resist doing so, he shall be given administrative sanctions. Article 25. Any statistician who steals or reveals the statistical data classified as "confidential" State secret, he shall be handled according to the relevant laws. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 26. Each unit may, in accordance with the prescription of this system, formulate rules for its implementation, and submit them to the Ministry of Foreign and Trade for records. Article 27. If the expiration date occurs to be the national holiday, the time period for the presentation of the statistical statements shall be extended accordingly. Article 28. Statistical codes of countries (or regions) used in this system shall be based on the Statistical Codes of Countries (or Regions) drawn up by the General Customs Administration. Codes of units as a legal person shall be filled up and reported on the basis of the Certificate of Codes of Units as a Legal Person issued by technology supervising departments at various levels. Classification of trades to which domestic investing entities belong shall be determined according to the prescription of the Classification of the National Economic Trades ( GB/T 4754-2002); classification of trade of foreign enterprises shall be determined in light of the above stipulation. Article 29. This system shall be subject to the interpretation of Ministry of Foreign Economic and Trade Article 30. This system shall come into effect as of 1 January, 2003. Attachments: 1. Forms of Statistical Statements - Statistical Reports Directory (omitted) 2. Elementary Concepts And Interpretation Of Indicators 3. Statistical Doctrines and Accounting Methods ATTACHMENT 2: ELEMENTARY CONCEPTS AND INTERPRETATION OF INDICATORS 1. Direct overseas investment The direct overseas investment mentioned in this system refers to the economic activities which is embodied by the investment made by the domestic enterprises (hereinafter referred to the domestic investing entities) in cash, or in the form of material objects or intangible capital, in a foreign country or in the regions of Taiwan, Hong Kong and Macao, and which is centered on the operation and management power of the foreign (or overseas) enterprises. 2. Direct overseas investors A direct overseas investor refers to an overseas enterprise which owns or controls 10 percent or more of the voting rights (of a corporative company) or other interests equal to the such a value. Overseas enterprises may, according to the way of establishment, be divided into subsidiary companies, affiliated companies or branches. (1) A subsidiary company refers to a domestic investing entity which owns 50 percent or more of the decision-making rights of the stockholders or members of the established overseas enterprise, and owns the right to designate or recall the principal members of the departments in charge of administration, management, or supervision. (2) An affiliated company refers to a domestic investing entity which owns 10 percent to 50 percent of the decision-making rights of the stockholders or members of the company. (3) A branch is a non-corporative enterprise which is established by a domestic investing entity abroad. Offices or agents established by a domestic investing entity abroad shall be treated as branches. 3. Amount of capital directly invested abroad Amount of capital directly invested abroad refers to the capital invested by a domestic entity in its overseas enterprises within the term of the report, including the stock investment, reinvestment of profits, and other investments related to the trade of debts between companies. A counter-investment refers to an investment which is made by an overseas enterprise in its domestic investing entity. (1) Stock investment refers to the equity capital owned by a domestic investing entity in its overseas branches, or the stocks in its overseas subsidiary companies or affiliated companies. (2) Reinvestment of profits refers to the investment made with profits out of the overseas subsidiary companies or affiliated companies which have not been shared as dividends but belong to the domestic investing entity, and with profits out of the overseas branches which are not remitted to their domestic investing entity. (3) Other investments refer to the trade of debts between a domestic investing entity and its overseas subsidiary companies, branches or affiliated companies, including the loan provide by the domestic investing entity to its overseas subsidiary companies, and vice versa. 4. Amount of contractual investment capital and amount of actual investment capital The former refers to the amount of capital subscribed for by each investing entity according to the direct overseas investment contract or articles of association. The latter refers to amount of capital paid in by each investing entity according to the direct overseas investment contract or articles of association. 5. Income of investment refers to the receipts and interests distributed to a domestic investing entity by an overseas enterprise according to the proportion of investment of the domestic investing entity in the enterprise, including dividends, profit reinvestment, interests, etc. 6. Rights and interests of a owner refer to the economic benefits which an owner enjoys in the capital of an enterprise, its amount being debt to capital surplus, including the paid ¨Cin capital (or stock capital), accumulated capital, accumulated surplus and undistributed profits. 7. Amount of debts refers to the debts that an overseas enterprise bear by the end of the term of a report which can be calculated in currency, and need to be repaid with capital or service, including the floating debts, long-term debts and debts in other forms. 8. Total amount of capital refers to the amount of values calculated in currency owned by an overseas investing enterprise, including the floating capital, real estates, immaterial capital, long-term investment, construction projects in procession, and capital in other forms. 9. Paid-in capital refers to the capital which, according to the articles of association of the enterprise or the agreement concluded in contracts or agreements, is actually invested in the enterprise. 10. Income of sales (business) refers to the income of an enterprise out of the sales of its products or labor services which it provides, including income of the principal business and income of other businesses. 11. Total amount of profits is the result which an enterprise achieves during the term of the report, including profits out of its operation, net receipts or interests out of the investment, the net balance of incomes and cost not concerning the operation. 12. Distributed profits refer to the practical profits distributed to each investor by an enterprise by the end of the fiscal year of the report. 13. Number of staff and workers by the end of the year refers to all the people who are providing a certain labor service and receive in return a reward of some kind or another. 14. Total values of freights imported from China refer to the values of all freights imported from the territory of PRC within the year of the report. 15. Total values of freights exported to China refer to the values of all the freights exported to the territory of PRC within the year stipulated the report. 16. Resource products returned to China refer to the total quantity of the resource products actually returned to the territory of PRC by an overseas enterprise according to the proportion of the investment in the investment project. 17. Total amount of capital invested in China refers to the total capital invested by an overseas enterprise within the year stipulated by a report in China in fields other than in the domestic investing entities. 18. Total amount of capital of materials, products and technology offered to the overseas enterprises refers to the total values of the machinery, raw materials, assistant materials, spare parts and accessories, of the supplied services, and of the technology transfer, all of which are actually provided by the domestic investing entities for their overseas enterprises within the year stipulated in the report. 19. Total amount of capital of materials, products and technology supplied by the overseas enterprises refers to the total values of the machinery, raw materials, assistant materials, spare parts and accessories, of the supplied services, and of the technology transfer, all of which are actually provided by the overseas enterprises to their domestic investing entities within the year stipulated in the report. 20. Total revenues paid to the country where the enterprise is located refers to the total revenues actually paid, in accordance with the prescriptions of the laws, by an overseas enterprise to the country or region where the enterprise is located. 21. Income of investment resulting from the distribution of profits of an overseas enterprise refers to the receipts and incomes distributed by an overseas enterprise to a domestic investing entity according to the proportion of rights and interests which the counter-investment made by a domestic investing entity enjoys. ATTACHMENT 3: STATISTICAL DOCTRINES AND ACCOUNTING METHODS I. Statistical doctrines (1) This system shall exercise the non-uniform international system, ie, it shall exercise statistics of the direct investment made by domestic investing entities in foreign countries or in the regions of Taiwan, Hong Kong and Macao. (2) Statistical doctrines of countries (regions) Counties (regions) making the direct overseas investment shall, according to the system of the direct host countries /counties which accept the direct overseas investment (which is internationally defined as the non-uniform system), determine the input countries (regions)/output countries (regions) of the direct overseas investment. That is the statistics shall be undertaken according to the system of the countries (regions) where the subsidiary companies, affiliated companies or branches established for the purpose of direct overseas investment are located. (3) Doctrines for the classification and determination of trades of domestic investing entities and overseas enterprises Classification of trade of domestic investing entities shall, according to the Classification of National Economic Trades (GB/T4754-2002; see the supplementary), be determined in light of trade which covers the products whose income of sales accounts for the largest proportion. Classification of overseas enterprises shall be determined in light of the Classification of National Economic Trades (GB/T4754-2002). (4) Doctrines of currency exchange and pricing 1. Money filled in the investigation statements on domestic investing entities (FDI201 and FDI301) shall be calculated in the currency of Renminbi; money filled in other statements shall use the dollar monetary unit. If the money is not calculated in the unit of dollars, it shall be exchanged into dollars according to the Statement of Internal Uniform Conversation Rates of Currencies Vs Dollars drawn up by the State Foreign Exchange Control bureau. 2. Norms concerning the operation activities (such as the incomes of the operation, total values of export, total values of import) shall be based on the actual trading price, ie, be based on the market values; existing quantitative norms such as capital, debts, and rights and interests shall be calculated in light of the bill values. (5) Doctrines of the report year Data of the statistical statements concerning this system shall be submitted in the form of calendar year; data of overseas enterprises described in the from of fiscal year shall be changed into data in the form of calendar year or shall follow the same way data of the latest statement in form of the fiscal year is filled and submitted, plus explanation in the statement. (6) Doctrines of other statistics 1. Any investment made by an overseas enterprise which accounts for 10 percent or more of the voting rights (or a corporative enterprise) or other interests equal to such a value (of a non-corporative enterprise) shall enter the list of direct overseas investment subject to statistics. 2. Project companies or agents established for the purpose of carrying out a foreign contract of construction projects shall enter the list of direct overseas investment subject to statistics. 3. Loans of a subsidiary company guaranteed by a domestic investing entity shall not enter the list subject to statistics. 4. Investment made in the international organizations shall not enter the list of direct overseas investment subject to statistics. 5. Multinational services through the means of supply of technology for the purpose of receipt of management fees shall not enter the list of direct overseas investment subject statistics. 6. If an overseas enterprise is bought or merged by enterprises of other countries, it shall be considered to be a reduction of its investment abroad. 7. If more than one domestic investing entity make investment in a same overseas enterprise, the domestic investing entity which accounts for the largest proportion of investment or owns the actual control right of the overseas enterprise shall be regarded as the unit to be submitted for statistics. II. Calculating ways (1) Contractual investment capital/actual paid-in investment capital refers to the total amount of capital which, according to the stipulation of the contract or associations of article of the direct overseas investment, is subscribed for or actually paid up by each investor. 1. If investment is paid in currency which is not calculated in dollars, it shall be calculated on the basis of the conversation rate between the currency and dollars if such a conversation rate is described in the contract. If the contract fails to bear such a conversation rate, the contractual investment capital shall be changed into dollars on the basis of the intermediate price calculated according to the conversation rate between the contracted currency and dollars determined by the authorities of the country (or region) where the project is located when the establishment of the overseas investing enterprise is approved (Actual investment capital shall be changed into dollars on the basis on the intermediate price calculated according to the conversation rate between the contracted currency and dollars determined by the authorities of the country (or region) where the project is located when the overseas enterprise is registered. Ditto) 2. If the investment is in the form of material objects (namely tangible capital such as equipment, buildings, and raw materials), it shall, on basis of the amount of capital agreed in the contract, be changed into dollars. 3. If the investment is realized in other forms, such as in the forms of industrial property rights or the right to the use of land, the investment capital shall be determined by multiplying the proportion of investment (or equity ratio) agreed in the contract by the total investment capital (or the total amount of capital of the enterprise in which the investment is made) and shall be changed into dollars. (2) Newly added equity capital equal the result of the increased stocks of the overseas enterprise by the end of the report year multiplied by the proportion of the stocks owned by the Chinese investor, including the equity capital actually paid up by the domestic investing entity and the equity capital distributed as the income of investment. The increased amount of equity capital is the balance between the "equity capital" entries of the indebtedness statements at the beginning or the year and the end of the year. (3) Accumulated capital invested in an overseas enterprise refers to the total investment made be a domestic investing entity in the said oversea enterprise from the beginning of the year of the direct overseas investment to the end of the report year. It equals the total amount of capital of "the rights and interests of the owners" of the indebtedness statement of the overseas enterprise by the end of the report year multiplied by the proportion of investment (or equity capital ratio) of the Chinese investor, plus the loans supplied by domestic investing entity for the overseas enterprise. (4) Equity capital equal the result of the "equity capital" entry of the indebtedness statements by the end of the report year multiplied by the proportion of investment (or equity capital ratio) of the Chinese investor. Supplementary 1 Classification of the National Economic Trades (GB/T 4754-2002) (omitted) Supplementary 2 Types of Registration of Enterprises (omitted) Supplementary 3 Statistical Codes of Countries (Regions) (omitted) Supplementary 4 List of Submitting Units (omitted) |
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