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TABLE OF CONTENTS CHAPTER I PURPOSE OF ESTABLISHMENT OF THE SYSTEM CHAPTER II REPORTING SUBJECTS CHAPTER III MAIN PARTICULARS TO BE REPORTED CHAPTER IV SUBMISSION AND PUBLICATION OF THE REPORTS CHAPTER V PROBLEM-RESOLVING MECHANISM CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I PURPOSE OF ESTABLISHMENT OF THE SYSTEM Article 1. This System is formulated in accordance with the Foreign Trade Law, the Interim Rules for Foreign Trade Barriers Investigation and other relevant provisions for the purpose of accelerating the implementation of the "going abroad" strategy, doing a good job of follow-up administration of and service for overseas investment and operations, protecting the legitimate rights and interests of investors, building a good environment and promoting the development of overseas investment. Article 2. The system of reporting country investment and operation obstacles means that the Chinese economic and commercial agencies, chambers of commerce and enterprises stationed abroad shall report on an annual basis or irregular basis various obstacles, barriers and related problems encountered by the Chinese-capital enterprises in their investment and operations in the host countries (regions), and these reports shall serve as one of the bases for the annual Foreign Market Access Reports as issued by the Ministry of Commerce and are for the domestic administrative departments' and other relevant departments' reference; the domestic departments concerned shall, on the basis of the overall follow-up and understanding of the various problems encountered by the Chinese enterprises in their overseas investment and operations, safeguard the legitimate rights and interests of Chinese enterprises through multilateral or bilateral mechanisms. CHAPTER II REPORTING SUBJECTS Article 3. The reporting subjects shall be all economic and commercial agencies stationed abroad, chambers of commerce and associations of overseas Chinese-capital enterprises, overseas Chinese-capital enterprises and their branches (hereinafter referred to "Chinese-capital enterprises") and their domestic investors, who shall submit reports to the Ministry of Commerce as required. Article 4. Each economic and commercial agency stationed abroad and each chamber of commerce or association of overseas Chinese-capital enterprises shall regularly organize the Chinese-capital enterprises to make exchanges and discussions with regard to the particulars required to be reported, solicit opinions from the Chinese-capital enterprises in an all-round way, and seriously implement the reporting system by submitting reports as required before December 31 of each year to the Ministry of Commerce on the problems encountered by the Chinese enterprises in their overseas investment and operations in the current year. In the case of any serious circumstance, the report thereon shall be submitted promptly (please refer to Attachment 1 for the format of such report). Article 5. The overseas Chinese-capital enterprises and their domestic investors may, in the light of the problems encountered in their overseas investment and operations, submit reports at any time or on an irregular basis on any or some items required to be reported (please refer to Attachment 2 for the format of such report). Article 6. The reports shall be prepared and issued with signatures. CHAPTER III MAIN PARTICULARS TO BE REPORTED Article 7. The reports shall set forth exactly the actual situation of and problems encountered in the investment and operations and trade in service (including project contracting, service cooperation and designing consultancy) by the Chinese enterprises in the host countries (regions): (1) Overall Situation Of The Investment And Operations Of Chinese-Capital Enterprises 1. overall information about the number, investment scale, sectoral distribution and operation results of and problems generally encountered by Chinese-capital enterprises; and 2. brief account of major investment projects of Chinese-capital enterprises, including the names of the enterprises and of the domestic investors of such enterprises (a note shall be given in the case of reinvestment via a third country or region), investment scale and type, principal business and products, operation performance and major difficulties and problems. (2) Investment Environment Obstacles And Risks 1. any law or regulation of the host country unfavorable to Chinese investment; 2. non-operational obstacles and risks in the host country, which cause cost burden to the operation of the enterprises, such as problems in the public security and safety, enterprises' credit, trade union, strike, government honesty, the public attitude toward foreign-capital enterprises, and public holidays; and 3. any shortcomings or deficiency of the host country in supply or pricing of transport, water, electricity, gas or communications that may adversely affect the investment and operations of the enterprises. (3) Barriers To Investment And Trade In Service The following measures that the host country implements or permits to be implemented in violation of any of the relevant multilateral or bilateral agreements and that will or are likely to be inequitable obstacles or damage to or restriction of the investment and operations or trade in service by Chinese enterprises: 1. barriers to access, such as any inequitable restriction of the inflow of Chinese investment, failure of any WTO member to fulfill its commitment to open certain sectors to Chinese investment, or the government's requiring that, for being permitted to bid on an engineering project, a Chinese company must make a joint bid with a local enterprise or commit to have a local company as its subcontractor; 2. barriers to operations, such as any inequitable restriction on the operating activities of the Chinese-capital enterprises in respect of production, supply, sale, human resources, finance and materials etc, reluctance to give employment visa and non-transparency or over elaborate formalities in the government's working procedure; and 3. barriers to withdrawal, such as restrictions on withdrawal of Chinese investment or remittance-out of profits of the Chinese-capital enterprises. (4) Proposals On Corresponding Measures Proposals of the reporting subjects on measures for dealing with the above-mentioned problems, obstacles and investment barriers. CHAPTER IV SUBMISSION AND PUBLICATION OF THE REPORTS Article 8. The reports shall be submitted to the Ministry of Commerce (the Cooperation Department, departments of the relevant regions and the Bureau of Fair Trade) in writing or through the Internet. The institutions with necessary conditions shall submit their reports by making use of administrative affairs information communication processing system of the Ministry of Commerce, or directly fill out and send the forms of Reports on Country Investment and Operation Obstacles on the sub-website of cooperation guidance of the website of the Ministry of Commerce (www.mofcom.gov.cn), or submit their reports by e-mailing (Processing Division of the Cooperation Department: hzjg@mofcom.gov.cn; Barriers Investigation Division of the Bureau of Fair Trade: boft_tbi@mofcom.gov.cn). Article 9. On the premise that the interests and trade secrets of the relevant enterprises shall be protected, the Ministry of Commerce shall regularly publish the relevant particulars of the reports in the form of Foreign Market Access Reports or in other forms, pay close attention to the investment environment of the host countries and call the potential investing enterprises¡бе attention to the avoidance of risks. CHAPTER V PROBLEM-RESOLVING MECHANISM Article 10. After receipt of the reports, the Ministry of Commerce shall, based on the reports and in conjunction with the relevant departments, exchange information and make consultations and advance comments and resolving measures. Article 11. The reported problems shall be negotiated through exchange of visits by high-level personnel, bilateral mixed commissions of economic relations of trade or any other diplomatic channel so as to help the enterprises resolve the problems in a quick manner. Article 12. If any reported problem involves any barrier to investment or trade in service, the Ministry of Commerce may conduct investigations thereon in accordance with the Interim Rules for Foreign Trade Barriers Investigation. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 13. The power to interpret this System shall be vested in the Ministry of Commerce. Article 14. This System shall come into force as of the date of issuance. Attachments: 1. Form of Reports by Economic and Commercial Agencies and Chambers of Commerce and Associations of Chinese-capital Enterprises Stationed Abroad on Country (Region)Investment and Operation Obstacles (omitted) 2. Form of Reports by Chinese-capital Enterprises and Their Domestic Investors on Country (Region)Investment and Operation Obstacles (omitted) |
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