Notice of the General Office of the Ministry of Commerce and the General Office of the State Administration for Industry and Commerce on Implementing the Work concerning "Single Window and Single Form" Acceptance for Commercial Recordation and Industrial and Commercial Registration of Foreign-Funded Enterprises

· Document Number：Letter No. 87 [2018] of the General Office of the Ministry of Commerce

· Area of Law： Sole Proprietorships

· Level of Authority： Departmental Rules

· Date issued：02-28-2018

· Effective Date：02-28-2018

· Status： Effective

· Issuing Authority： Ministry of Commerce State Administration for Industry & Commerce

Notice of the General Office of the Ministry of Commerce and the General Office of the State Administration for Industry and Commerce on Implementing the Work concerning "Single Window and Single Form" Acceptance for Commercial Recordation and Industrial and Commercial Registration of Foreign-Funded Enterprises
(Letter No. 87 [2018] of the General Office of the Ministry of Commerce)
The commerce departments and industry and commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government, and Xinjiang Production and Construction Corps; and all pilot free trade zones:
For the purposes of profoundly implementing the spirit of the 19th CPC National Congress, further driving the foreign investment environment more law-oriented, internationalized, and facilitating, and boosting the formation of a new opening-up pattern in all aspects, according to the relevant arrangements of the CPC Central Committee and the State Council, the Ministry of Commerce and the State Administration for Industry and Commerce propose to promote "single window and single form" acceptance for commercial recordation and industrial and commercial registration of foreign-funded enterprises across the country. You are hereby notified of the relevant matters as follows:
I. Significance
Implementing "single window and single form" acceptance for commercial recordation and industrial and commercial registration is an important measure to further deepen the reform of simplification of administrative procedures, delegation of powers, combination of decentralization and control, and optimization of services, continue advance the reform of the business system, and develop a new management mode of "Internet plus government services" and significant for optimizing the business environment, releasing market dynamism, improving foreign investment facilitation, and creating a strong magnetic field to attract foreign investment.
II. Work objectives.
The relevant requirements of the State Council for accelerating the advancement of the reform of "integrating certificates into one" shall be implemented, the information interconnection and data sharing between commerce authorities and industry and commerce authorities shall be heightened, the procedure for application for establishment of foreign-funded enterprises shall be optimized, the processing time shall be reduced, enterprise costs shall be cut, and as from June 30, 2018, "single window and single form" acceptance for commercial recordation and industrial and commercial registration of foreign-funded enterprises across the country shall be promoted across the country to achieve "more information sharing, and enterprise running less errands" and practically enhance the fulfillment of foreign-funded enterprises.
III. Progress arrangements.
1. Preparation (March to June 2018) All provincial commerce authorities and industry and commerce authorities shall according to the Technical Solution (see Annex 1) jointly developed by the Ministry of Commerce and the State Administration for Industry and Commerce and the Data Specifications of Information Technology of "Integrating Certificates into One" (which will be issued separately and have the same effect as this Notice), intensify the building and improvement of information systems, consolidate foundation, and provide technical guarantee, so as to ensure the achievement of smooth transmission and sharing of data among authorities.
2. Full implementation (the end of June 2018) All provinces shall comprehensively implement "single window and single form" acceptance for commercial recordation and industrial and commercial registration of foreign-funded enterprises.
3. Summary and assessment (July to December 2018). The Ministry of Commerce and the State Administration for Industry and Commerce shall jointly conduct supervisory inspection of the work of "single window and single form" acceptance for commercial recordation and industrial and commercial registration of foreign-funded enterprises, summarize and reorganize experience and practices, find out problems, and further improve the relevant measures.
IV. Work requirements
The commerce authorities and industry and commerce authorities in all regions shall conscientiously study and implement the spirit of the 19th CPC National Congress, effectively conduct the work of commercial recordation and industrial and commercial registration according to their respective functions, strengthen collaboration, cooperation and business interaction, make work plans without delay, ensure regime transition, heighten organizational guarantees and technical support, and accomplish the tasks for the work on time.
1. Raising consciousness and vigorously conduct advancement.
The commerce authorities and industry and commerce authorities in all regions shall attach great importance, designate relevant responsible staff to take the lead, take voluntary action, closely cooperate, specify division of labor in the work and the responsibilities of all parties, strengthen organizational guarantees, take powerful measures, and provide support in regimes, personnel, funding, technology, and other aspects.
2. Consolidating and optimizing the process of handling matters.
The commerce authorities and industry and commerce authorities in all regions shall, within the framework of the reform of "integrating certificates into one," based on the building of the government service platform, with the aim of easing the burden on enterprises and raising government efficiency, scientifically and reasonably make plans, consolidate and optimize the process for enterprises and investors to handle matters, and include the acceptance for commercial recordation of foreign-funded enterprises in the scope of consolidation of recordation matters in "integrating certificates into one." Applicants shall apply for commercial recordation and industrial and commercial registration through the "single window" of the industry and commerce authorities in all regions. The identification information items collected when foreign-funded enterprises apply for commercial recordation shall be included in the Government Agency Information Sharing Form for "Integrating Certificates into One" as a "single form" (see Annex 2). The industry and commerce authorities in all regions shall improve the online acceptance platforms for industrial and commercial registration to allow applicants to fill in forms on their own, and the registration system shall automatically direct applicants to accurately enter information. Pilot free trade zones shall be encouraged to continue exploring new modes of "single window and single form."
3. Boosting the interconnection of information systems.
The commerce authorities and industry and commerce authorities in all regions shall conscientiously implement the requirements for "furthering information sharing and business collaboration in the administration of foreign-funded enterprises" in the Notice of the State Council on Several Measures for Promoting Growth of Foreign Investment (No. 39 [2017], State Council) and the relevant content of the Memorandum of Cooperation of the State Administration for Industry and Commerce, the Ministry of Commerce and Other Departments on Advancing the Reform of "Integrating Certificates into One" and Strengthening Information Sharing and Cooperation among Departments, keep the information exchange and transmission and data sharing channels among departments unimpeded, accelerate the upgrading and improvement of the information management system, effectively conduct collection, transmission, receipt, importation, and other work regarding the data and information on foreign investment, heighten interconnection, and achieve efficient, timely, and two-way flow of the data and information on foreign investment between all provincial commerce authorities and industry and commerce authorities. If a foreign-funded enterprise undergoes modification after its establishment, the two authorities shall push the gathered modification information to each other in a timely manner to ensure the accuracy and integrity of data and information.
4. Strengthening the security management of data and information.
The commerce authorities and industry and commerce authorities in all regions shall establish rules and regimes, enrich technological means, tighten the security management of shared data and information on foreign investment, and specify the principles for use and regulatory responsibilities of information using authorities, so as to ensure the reasonable use and safe transmission, sharing and storage of data and information.
5. Improving the efficiency of services and regulation.
The commerce authorities and industry and commerce authorities in all regions shall explore the reliance on the sharing of data and information, raise the level of government services, innovate on the modes of government services, and make the services for foreign-funded enterprises and investors more scientific, targeted and effective; with the sharing of data and information as the foundation, establish and improve an interim and ex-post collaborative regulation working mechanism and, if the undertakings of an enterprise are discovered to be untrue or beyond the recordation scope of foreign-funded enterprises, or an enterprise still fails to meet the recordation conditions after having made supplements and correction, conduct resolution as legally required in a timely manner through the joint efforts of the two authorities; promote the reform of and innovation on regulatory modes, make cross-authority comprehensive analysis and joint judgment of regulatory risks, improve the capability of risk identification, prevention and control, effectively achieve the collaborative regulation and joint punishment through the foreign investment honesty archives system and publication platform and the National Enterprise Credit Information Publication System, and practically achieve "more powerful regulation and more optimized services."
The Ministry of Commerce and the State Administration for Industry and Commerce shall strengthen the urgency and guidance of the advancement of the work in all regions. Should there be any problem over the course of the work, please contact the Ministry of Commerce (Foreign Investment Department) and the State Administration for Industry and Commerce (Enterprise Registration Bureau) in a timely manner.
Contact persons:
Liu Juzhong and Shang Liang Ministry of Commerce
Tel: 010-65197385; 010-65197880
Wang Dan State Administration for Industry and Commerce
Tel: 010-88650870
Annex 1: Information Technical Solution to the Reform of "Integrating Certificates into One" (Omitted)
2. Information Collection Form of Acceptance for Commercial Recordation and Industrial and Commercial Registration of a Foreign-Funded Enterprise (Omitted)
General Office of the Ministry of Commerce
General Office of the State Administration for Industry and Commerce
February 28, 2018