汇发[2002]42?BR>2002q??0?/P>
国家外汇理局各省、自d、直辖市分局、外汇管理部Q深土뀁大q、青岛、厦门、宁波市分局Q?BR>彻落实《胦攉K、国家外汇管理局关于q一步加强外商投资企业验资工作及健全外资外汇登记制度的通知》（财会[2002]1017P以下U《通知》）Q完善管理，规范操作Q现有关问题通知如下Q?BR> 一?健全外资外汇登记制度Q有利于规范注册会计师执业行为，有利于外汇资金的合理有序动。各外汇分局要统一思想、高度重视，完善内控制度Q认真完成好外商投资企业验资询证审核、登记工作。业务量大的分、支局要调整、充实h员。外汇局内各业务部门应注意协作、配合。同Ӟ要注重与所在地财政部门和注册会计师协会Q以下简U“注协”）的工作协调，在会计师事务所严格执行《通知》和我局要求的基上，双方密切合作Q进一步提高外商投资企业验资工作质量?BR> 二?外方情况询证函应׃业填写ƈ附相兌明文件复CgQ委托会计师事务所向外汇局询证。会计师事务所向外汇局询证Ӟ要出具加盖会计师事务所公章的工作联pd?BR> 三?《通知》第一条第四款“以询证上述文g内容的真实性、合规性”仅指：询证相关资本金帐户开立是否经外汇局批准Q相兌本项目外汇业务核准g是否由外汇局{֏Q相关纸质进口报兛_是否与进出口报关单联|核查系l中对应?sh)子底帐相符、是否已凭以付汇?BR> 四?外汇局收到外方情况询证函及所附证明文件后Q应Ҏ(gu)本通知所附操作规E（见附件一Q要求，认真审核Q在5个工作日内回函，q将外方情况询证函、证明文件、回函复Cg及相x询材料等存档备查?BR> Q一Q?如所询证事项核对无误Q外汇局应给予外资外汇登记编P外资外汇登记~号Ҏ(gu)为：外汇登记证编号两位顺序号Q顺序号企业询证ơ数~号Q如Q企业第二次来询证，序号应?2Q，q在回函Q回函格式见附g二）中选择以下相应意见予以表述Q?BR>所询资本金帐户pȝ我分Q支Q局/外汇理部批准开立；
所询资本项目外汇业务核准gpȝ分（支）局/外汇理部签发；
所询进口货物报兛_与核查系l相W且未凭以付汇?BR> Q二Q?如发现询证事与有关情况不符Q外汇局不给予外资外汇登记编Pq在回函Q回函格式见附g三）中选择以下相应意见予以表述Q?BR> 1?附送文件不完备Q列明文件名UͼQ?BR> 2?附送文件核对不相符Q列明文件名U、编号及不符点）Q?BR> 3?附送文仉复用（列明文g名称及编PQ?BR> 4?非资本金帐户资金Q?BR> 5?资本金帐户开立未l批准；
6?q口货物报关单已凭以付汇Q列明报兛_~号Q；
7?未标明商品h(hun)值鉴定书~号?BR> 五?外汇局要对来函和回函进行登讎ͼq严格行签收手l?BR> 六?外方者以实物q行验资Ӟ对企业委托会计师事务所提交的无外汇指定银行和外汇局业务专用章的U质q口货物报关单复CgQ外汇局资本目理部门应向q口栔R部门查询报关单内容与“进出口报关单联|核查系l”中的报兛_?sh)子底帐是否一致和是否已凭以付汇、核销Q进口核销部门应于两个工作日内完成查询工作?BR>q口栔R部门通过“超U金融IC卡”进入“进出口报关单联|核查系l”，如果通过“进出口报关单联|核查系l”确认纸质报兛_与报兛_?sh)子底帐内容一致且未凭以付汇或栔R的，q口栔R部门应在“进出口报关单联|核查系l”中l案q注销相应的报兛_?sh)子底帐Q向资本目理部门提供加盖“进口付汇核销监管业务章”的q口货物报关单电(sh)子底联?BR>如果U质q口货物报关单与?sh)子底帐内容不一致或已凭以付汇、核销的，q口栔R部门应在打印出的报关单电(sh)子底联上注明q加盖“进口付汇核销监管业务章”，退回资本项目管理部门?BR>如果U质报关单在“进出口报关单联|核查系l”中不存在相应的报关单电(sh)子底帐，q口栔R部门应在U质报关单复Cg上注明ƈ加盖“进口付汇核销监管业务章”，退回资本项目管理部门?BR> 七?对于异地{֏的资本项目外汇业务核准gQ审核地外汇局应将核准件复Cg和查询函Q附件四Q一q传真给{֏地外汇局Q签发地外汇局核对后，在查询函上注明查询结果ƈ加盖资本目外汇业务章，于两个工作日内传真给审核地外汇局。签发地外汇局应同时将有关资料存档备查?BR> 八?会计师事务所完成外方情况询证E序后，如因情况变化不出具验资报告的Q应及时变更情况以书面方式告知外汇局Q外汇局应注销对应的外资外汇登记编受?BR> ?ji)?外汇局要徏立专门的?sh)脑或手工台帐（电(sh)脑台帐应具备简单查询和汇d能）。在对询证文件核Ҏ(gu)误ƈ回函后，应将询证函中“外方出资情冉|l表”的内容予以登记Q外资外汇登记金额扣除无形资产出资金额后Q不得超出所询证外方证明文g汇总金额，同时登记企业名称、法Z码、出资日期、外资外汇登记编受若外资外汇登记~号已注销Q应在台帐中注明?BR> 十?外汇局逐月汇怅R上报“____地区____q____月外资外汇登记情冉|告”（附g五）。各支局于月?个工作日内上报分局Q分局Q外汇管理部Q汇d于月?个工作日内上报d?BR> 十一?出口加工区、保E区内外商投资企业和上vȝ交易所内外商投资企业、非投资性外商投资企业再投资讄的外商投资企业验资询证及登记另行规定。在新规定出C前，仍按照原规定办理Q会计师事务所不必向外汇局办理外方情况询证手箋?BR> 十二?外汇局如发C计师事务所未行规定的询证E序出具验资报告、或出具虚假报告Q应及时有x况通知当地注协Q在注协或胦攉K门作出处理结Z前，外汇局不受理该会计师事务所新的询证业务?BR> 十三?在办理外商投资企业验资询证登记过E中Q发现外汇指定银行、外商投资企业违反外汇管理规定的Q外汇局Ҏ(gu)有关外汇理法规予以处罚?BR> 十四?本通知?002q??日v执行。执行中如有问题Q请及时向国家外汇管理局资本目司反映?BR>
附g:
一、询证业务审核、登记操作规E?BR>二、外方出资情况询证函回函Q格式之一Q（略）
三、外方出资情况询证函回函Q格式之二）Q略Q?BR> 四、资本项目异地外汇业务查询函Q格式）Q略Q?BR> 五、____地区____q____月外资外汇登记情冉|告（格式Q（略）
附g一:1
外方现汇验资询证的审核、登记操作规E?BR>
1.法规依据
2.审核材料
3.审核原则
4.审核要素
5.授权范围
6.注意事项
《胦攉K国家外汇理局关于q一步加强外商投资企业验资工作及健全外资外汇登记制度的通知?BR>
《国家外汇管理局关于开展外商直接投资外汇登记工作有关问题的通知?
《境内外汇帐L理办法?BR>
外方情况询证?BR>
银行询证函回?BR>外国投资者应按照国家外汇理规定履行外汇E序?BR> 1?外方情况询证函中“外方出资情冉|l表”所列外汇资本金情况与银行询证函回函是否相符?BR> 2?资本金帐户开立是否经外汇局批准Q?BR> 3?“帐h质”栏是否注明为“资本金帐户”；
4?汇款银行如ؓ境内银行Q境内原币划转是否经批准?BR> 5?银行询证函回函是否重复用?BR>分局及辖内支局按属地原则办理?BR>
5个工作日内回函?BR>
核对无误后，l予外资外汇登记~号q予以登记?BR>
核对有误的，不给予外资外汇登记编受不予登记?BR>
׃银行手箋费的原因Q外汇资本金登记金额可以在合理范围内于银行询证函回函列C金额?BR>
外汇局不必在询证函上发表意见?BR>
附g一:2
实物投资验资询证审核、登记操作规E?BR>
1.法规依据
2.审核材料
3.审核原则
4.审核要素
5.授权范围
6.注意事项
《胦攉K国家外汇理局关于q一步加强外商投资企业验资工作及健全外资外汇登记制度的通知?BR>《国家外汇管理局关于开展外商直接投资外汇登记工作有关问题的通知?BR> 1?外方情况询证?BR> 2?无外汇指定银行和外汇局业务专用章的q口货物报关单（复印Ӟ
外国投资者应如实履行实物义务和有关管理程序?BR> 1?外方情况询证函中“外方出资情冉|l表”所列实物出资金额是否小于或{于q口货物报关单金额?BR> 2?q口报关单是否与q出口报兛_联网核查pȝ中电(sh)子底联相W，是否已凭以付汇?BR> 3?对于中外合资、合作经营企业外方以实物投资的，询证函中所列进口报兛_备注栏是否注明商品h(hun)值鉴定书~号?BR>
分局及辖内支局按属地原则办理?BR>
5个工作日内回函?BR>
核对无误后，l予外资外汇登记~号q予以登记?BR>
核对有误的，不给予外资外汇登记编受不予登记?BR>
׃商品价值鉴定的原因Q实物出资登记金额可以小于进口货物报兛_列示金额?BR>
外汇局不必在询证函上发表意见?BR>
附g一Q?
资本目外汇业务核准件询证审核、登记操作规E?BR>
1.法规依据
2.审核材料
3.审核原则
4.审核要素
5.授权范围
6.注意事项
《胦攉K、国家外汇管理局关于q一步加强外商投资企业验资工作及健全外资外汇登记制度的通知?BR> 《国家外汇管理局关于开展外商直接投资外汇登记工作有关问题的通知?BR> 外方情况询证?BR> 资本目外汇业务核准Ӟ复印Ӟ
外国投资者应按照国家外汇理规定办理境内人民币Ş态资本再投资、境内外汇划转审批程序?BR> 1?外方情况询证函中“外方出资情冉|l表”所列情况与所附资本项目外汇业务核准g中所列情冉|否相W?BR> 2?所附资本项目外汇业务核准g与外汇局留存核准件是否相W?BR> 3?所附异地签发的资本目外汇业务核准件与外汇局查询l果是否相符?BR> 分局及辖内支局按属地原则办理?BR> 1?5个工作日内回函?BR> 2?核对无误后，l予外资外汇登记~号q予以登记?BR> 3?核对有误的，不给予外资外汇登记编受不予登记?BR> 4?用作外方证明文g的资本项目外汇业务核准g不因过15个工作日而失效，各分Q支Q局/外汇理部不得因此出兯面意见?BR> 5?外国投资者如以h民币形态资本境内再投资涉及外汇划入资本金帐户内的，应在登记表相应投资方式备注栏中注明该W外汇划转金额?BR> 6?外汇局不必在询证函上发表意见?BR>
国家外汇理局 2002q??0?颁布
Circular of the State Administration of Foreign Exchange on Relevant Issues Concerning the Registration of Foreign Exchange by Direct Foreign Investment
HuiFa [2002] No.42
April 30, 2002
The branches and foreign exchange administrative departments of the State Administration of Foreign Exchange (hereafter "SAFE") in all provinces, autonomous regions, municipalities directly under the Central Government, and the braches in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo:
In order to carry out the Circular of the Ministry of Finance and the State Administration of Foreign Exchange on Further Strengthening the Assessment of the Capital of enterprises with foreign investment and Perfecting the System for the Registration of Foreign Exchange and Foreign Capital (CaiKuai [2002] No.1017, hereafter "the Circular"), to improve management and standardize business operations, relevant issues are hereby notified as follows:
I. Perfecting the system for the registration of foreign exchange and foreign capital so as to be beneficial to standardizing the practicing of certified accountants and to the reasonable and orderly flow of foreign capital. All the branches of the SAFE shall reach a common understanding and pay high attention to it, try every effort to improve the internal control system, and do a good job in the inquiring, verification and registration of the capital assessment of the enterprises with foreign investment. The branches and sub-branches that have a heavy business burden shall arrange for more hands to do it. The internal departments of the foreign exchange administrations shall pay attention to cooperating with each other. At the same time, special attention shall be paid to the assortment in work with the local public fiscal authorities and the certified accountants associations (hereafter referred to as "CAAs"), and, on the basis of the rigid implementation of the present Circular by the CAAs, you should cooperate closely with each other so as to improve the quality of capital assessment of enterprises with foreign investment.
II. The letters of inquiry concerning the contributions of the foreign investors shall be filled in by the enterprise concerned and be accompanied by an attestation document (in photocopy) and an accountants firm shall be entrusted to make inquiries to the foreign exchange administrations. When inquiring the foreign exchange administrations, the accountants firms shall present a letter of liaison that bears the seal of the firm.
III. The phrase "to inquire about the authenticity and lawfulness of the above documents" as mentioned in Article 1, Item 4 of the Circular refers to inquiring whether the relevant accounts of registered capital has been opened upon the approval of the competent foreign exchange administration; whether the verification documents of foreign exchange business under relevant capital items are issued by the competent foreign exchange administrations; whether relevant hardcopy customs declaration forms are in conformity with the corresponding electronic ledgers in the online verification system for import and export declarations of customs and whether foreign exchange has been paid.
IV. The foreign exchange administration concerned shall, after receiving the letter of inquiring about the capital contribution of the foreign parties and the attached attestation documents, make careful verifications according to the requirements of the operational rules annexed to the present Circular (see Attachment I), give a reply within 5 work days, and place the letter of inquiring about the capital contribution of the foreign parties, attestation documents, photocopy of the reply and other relevant materials concerning the inquiring in archivist files for further reference.
1. If no error has been found through verification in the issues inquired about, the foreign exchange administration shall grant a number for the registration of foreign capital and foreign exchange (The method for registering the numbers of foreign capital and foreign exchange is: serial number of the certificate for foreign exchange registration is a two-figure sequence number, and the sequence number is the serial number for the number of inquiries made about the enterprise concerned. E.g. if the enterprise inquires for the second time, the serial number shall be 01.) and express the opinion in the letter of reply (for the format of letter of reply, see Attachment II) by selecting a corresponding one from the following opinions:
a) The registered capital accounted inquired has been opened upon the approval of a branch (or sub-branch) or management department of foreign exchange of our administration;
b) The verification document for the foreign exchange business under the capital items inquired has been issued by a branch (or sub-branch) or management department of foreign exchange of our administration;
c) The declaration forms for the import goods inquired are in conformity with the verification system and no foreign exchange has ever been paid.
2. If any of the issues inquired is found to be inconsistent with the relevant situations, the competent foreign exchange administration may not grant a serial number for the registration of foreign capital and foreign exchange, and shall express the opinion in the letter of reply (for the format of letter of reply, see Attachment III) by selecting a corresponding one from the following opinions:
a) The documents attached are incomplete (by specifying the titles of the documents);
b) The documents attached are not in conformity after verification (by specifying the titles of the documents, serial numbers and the points that are not in conformity);
c) The attached documents are repeatedly used (by specifying the titles and serial numbers of the documents);
d) The capital contribution is made through a non-registered capital account;
e) The registered capital account has not be opened upon approval;
f) Payment has been made for the declaration form for the import goods (by specifying the serial number of the customs declaration);
g) The serial number of the letter of value appraisal of the commodity is not specified.
V. The foreign exchange administrations shall keep a record of the incoming letters and replies, and the procedures for receiving the letters shall be strictly followed.
VI. In the appraisal of the capital contribution of a foreign party concerned who makes its contribution by way of physical materials, if the photocopy of the hardcopy declaration form of the import goods submitted by an entrusted accountant‘s firm that does not bear the special seal of a designated foreign exchange bank and the foreign exchange administration, the department in charge of the management of capital projects under the foreign exchange administration shall inquire the department in charge of the writing-off of import about whether the content of the declaration form is in consistency with the corresponding electronic ledgers in the "online verification system for import and export declaration forms", and whether foreign exchange has been paid or whether they have been written off. The department in charge of the writing-off of import shall complete the inquiry within two work days.
The department in charge of the writing-off of import accesses the "online verification system for the import and export declaration forms" by using a "Super-financial IC Card". If it is confirmed by retrieving the "online verification system for the import and export declaration forms" that the hardcopy declaration forms is consistent with the corresponding electronic ledgers and foreign exchange has not been paid or written off, the department in charge of import shall settlement the account and write off the electronic ledgers of the declaration forms in the "online verification system for the import and export declaration forms", and provide the electronic ledger of the import declaration form that bears the "business seal of import writing-off supervision" to the department in charge of the management of capital projects.
If the hardcopy import declaration form is inconsistent with the electronic ledgers thereof or if foreign exchange has already been paid or written off, the department in charge of writing off imports shall make a remark and put the seal "business seal of import writing-off supervision" on the printout of the electronic ledgers of the declaration form, and return it back to the department in charge of management of capital projects.
If there is no corresponding electronic ledgers for the hardcopy declaration form in the "online verification system for import and export declaration forms", the department in charge of writing off imports shall make a remark and put the seal "business seal of import writing-off supervision" on the printout of the electronic ledgers of the declaration form, and return it to the department in charge of the management of capital projects.
VII. With regard to the verification documents for the foreign exchange business under capital projects issued at other places, the foreign exchange administration of the place where the verification is done shall send a photocopy of the verification documents and a letter of inquiry (see Attachment IV) by fax to the foreign exchange administration of the place where they are issued, and the latter shall, after verification, specify the result of verification and put a "business seal for foreign exchange under the capital project" on the letter of inquiry, and send it back by fax within two work days to the foreign exchange administration where the verification is done. In the meanwhile, the foreign exchange administration of the place where the documents are issued shall place the relevant materials in the archivist files for further reference.
VIII. If, after completing the procedures of inquiring about the capital contribution of foreign parties, an accountant‘s firm fails to issue a capital appraisal report due to the change of circumstances, it shall inform the foreign exchange administration in written form of the changes, and the foreign exchange administration shall write off the serial number for the registration of foreign capital and foreign exchange.
IX. Foreign exchange administrations shall establish special computerized or manual ledgers (the computerized ledgers shall have the simple functions of search and gathering information). After confirming that there are no errors in the inquiring document on the basis of verification and giving a reply, they shall record down the contents of the "List of Contributions Made by Foreign Investors" provided in the inquiring letters. The registered amount of foreign capital and foreign exchange shall, after deducting the contribution by way of intangible assets, be more than the total amount specified in the attestation documents of capital contribution by foreign parties, and, in the meanwhile, record down the name of the enterprise, the legal person code, date of contribution, and the serial number for registering foreign capital and foreign exchange. If the serial number for the registration of foreign capital and foreign exchange has already been written off, it should also be marked in the corresponding ledgers.
X. The foreign exchange administrations shall gather together "Reports of the Registration of Foreign Capital and Foreign Exchange by (MM/YY) of (Name of Place)" on the monthly basis and by hierarchical order (see Attachment V). All the sub-branches shall submit their reports to the branches within the first 5 work days of each month, and the branches (or departments in charge of the management of foreign exchange) submit their reports, after gathering together, to the General Administration within the first 8 work days of each month.
XI. The provisions concerning the inquiry about the capital appraisal and registration of the enterprises with foreign investment within the export processing zones and the bonded areas as well as the enterprises with foreign investment and those established by non-investment enterprises with foreign investment through reinvestment within the Shanghai Diamond Exchange shall be separately formulated. Before the new provisions are formulated, the original provisions shall be followed, and the accountants firms need not go through the procedures of inquiring about the capital contributions of the foreign parties at the foreign exchange administrations.
XII. If any foreign exchange administration finds that any accountants?firm fails to follow the inquiry procedures in the issuance of capital appraisal reports or issues false reports, it shall inform the local accountants association, and, before the local accountants association or public fiscal authority makes a decision on how to deal with it, the foreign administration concerned shall not accept any new inquiries from the accountants?firm concerned.
XIII. If, in the process of handling the inquiries and registrations of capital appraisals of enterprises with foreign investment, any foreign exchange administration finds that any designated bank of foreign exchange or any enterprise with foreign investment violates the provisions of foreign exchange administration, it shall give a punishment according to relevant statutory provisions concerning foreign exchange administration.
XIV. The present Circular shall enter into force as of May 1, 2002. Should you have any question in the process of implementation, please ask the Department of Capital Projects under the SAFE without delay.
Annexes:
I.Operational Rules for the Verification and Registration of Inquiries
II.Reply to Letters of Inquiry about the Capital Contributions by Foreign Parties (Format I) (omitted)
III.Reply to Letter of Inquiry about the Capital Contributions by Foreign Parties (Format II) (omitted)
IV.Letter of Inquiry about Foreign Exchange Business under Capital Projects in Other Places (Format III) (omitted)
V.Reports of the Registration of Foreign Capital and Foreign Exchange by (MM/YY) of (Name of Place) (Format IV) (omitted)
Attachment I:1
Operational Rules for the Verification and Registration of Inquiries about the Contribution and Capital Appraisal of Spot Exchange by Foreign Investors
1. Statutory basis;
2. Materials for verification;
3. Principles of verification;
4. Elements of verification;
5. Range of authorization
6. Points of attention.
Circular of the Ministry of Finance and the State Administration of Foreign Exchange on Further Strengthening the Appraisal of Capital of Enterprises with Foreign Investment and Improving the System for the Registration of Foreign Capital and Foreign Exchange
Circular of the State Administration of Foreign Exchange on the Registration of Foreign Exchange Directly Invested by Foreign Investors
Measures for the Administration of Intraterritorial Foreign Exchange Accounts
Letter of Inquiry about the Capital Contribution of Foreign Investors
Reply to Letters of Inquiry of Banks
Foreign investors shall follow the procedures of making foreign exchange contributions according to the relevant provisions of the State Administration of Foreign Exchange
1. Whether registered foreign exchange capital listed in the "List of Contributions Made by Foreign Investors" as provided in the Letter of Inquiry about the Contributions Made by Foreign Investors;
2. Whether the registered capital account has been opened upon the approval of a competent foreign exchange administration;
3. Whether it is marked "Account for Registered Capital" in the column of "Nature of Account";
4. If the remitting bank is an intraterritorial bank, whether the transfer of original currency has been approved;
5. Whether the letter of inquiry of the bank is repeatedly used.
The branches and sub-branches thereof shall handle their businesses according to the principle of territory.
The replies shall be made within 5 work days.
If no error is found upon verification, a serial number shall be granted and the foreign capital and foreign exchange shall be registered.
If errors are found upon verification, no serial number may be granted and the foreign capital and foreign exchange may not be registered.
Due to the reasons of handling charges of the banks, the registered amount of foreign exchange registered capital may be reasonably smaller than the amount listed in the reply to the letters of inquiry issued by the banks concerned.
The foreign exchange administrations need not make any comment in the letter of inquiry
Attachment I:2
Operational Rules for the Verification and Registration of Capital Appraisal of Contributions Made by Way of Physical Materials
1. Statutory basis;
2. Verification materials;
3. Principles of verification;
4. Elements of Verification;
5. Range of authorization;
6. Points of attention.
Circular of the Ministry of Finance and the State Administration of Foreign Exchange on Further Strengthening the Appraisal of Capital of Enterprises with Foreign Investment and Improving the System for the Registration of Foreign Capital and Foreign Exchange
Circular of the State Administration of Foreign Exchange on the Registration of Foreign Exchange Directly Invested by Foreign Investors
1. Letter of Inquiry about the Capital Contribution of Foreign Investors
2. Declaration form for import goods that does not bear the special seal of a designated bank and that of a competent foreign exchange administration (photocopy)
Foreign investors shall truthfully perform its obligation of making contributions by way of physical materials and observe the relevant procedures for administration
1. Whether registered capital contributed by physical materials listed in the "List of Contributions Made by Foreign Investors" as provided in the Letter of Inquiry about the Contributions Made by Foreign Investors is smaller than or equal to the amount as provided in the declaration form for the import of goods;
2. Whether the customs declaration for the import of goods is in conformity with the electronic ledgers in the "online verification system for the customs declarations for the import and export of goods" and if foreign exchange has been paid;
3. If the foreign investors in a Chinese-foreign equity joint enterprise or Chinese-foreign cooperative enterprise make their contributions by ways of physical materials, whether the serial number of the letter of appraisal of the value of commodities has been given in the column for remarks in the customs declaration for importing and exporting goods as provided in the letter of inquiry
The branches and sub-branches thereof shall handle their businesses according to the principle of territory.
The replies shall be made within 5 work days.
If no error is found upon verification, a serial number shall be granted and the foreign capital and foreign exchange shall be registered.
If errors are found upon verification, no serial number may be granted and the foreign capital and foreign exchange may not be registered.
Due to the reasons of appraising the value of the commodities, the registered amount of capital contribution made by way of physical materials may be reasonably smaller than the amount listed in the customs declaration for importing and exporting goods.
The foreign exchange administrations need not make any comment in the letter of inquiry
Attachment I:3
Operational Rules for the Verification and Registration of Verification Documents of Foreign Exchange Business under Capital Projects
1. Statutory basis;
2. Verification materials;
3. Principles of verification;
4. Elements of verification;
5. Range of authorization;
6. Points of attention.
Circular of the Ministry of Finance and the State Administration of Foreign Exchange on Further Strengthening the Appraisal of Capital of Enterprises with Foreign Investment and Improving the System for the Registration of Foreign Capital and Foreign Exchange
Circular of the State Administration of Foreign Exchange on the Registration of Foreign Exchange Directly Invested by Foreign Investors
1. Letter of Inquiry about the Capital Contribution of Foreign Investors;
2. Verification Document for Foreign Exchange Business under Capital Projects (photocopy)
Foreign investors shall go through the procedures for the intraterritorial reinvestment by way of RMB and intraterritorial transfer of foreign exchange according to the administrative provisions of the State Administration of Foreign Exchange.
1. Whether the situations as listed in the "List of Contributions Made by Foreign Investors" as provided in the Letter of Inquiry about the Contributions Made by Foreign Investors are in conformity with the situations listed in the verification documents for the foreign exchange business under capital projects;
2. Whether the verification documents for the foreign exchange business under capital projects are in conformity with the verification documents kept by the foreign exchange administration;
3. Whether the verification documents for the foreign exchange business under capital projects are in conformity with the search results of the foreign exchange administration concerned.
The branches and sub-branches thereof shall handle their businesses according to the principle of territory.
1. The replies shall be made within 5 work days.
2. If no error is found upon verification, a serial number shall be granted and the foreign capital and foreign exchange shall be registered.
3. If errors are found upon verification, no serial number may be granted and the foreign capital and foreign exchange may not be registered.
4. The verification Document for Foreign Exchange Business under Capital Projects which is regarded as the attestation document is still effective even exceeding 15 workdays. The (sub)branches or administrative departments of foreign exchange can‘t bring forth the negative opinions accordingly.
5. If any foreign investor makes reinvestments within the territory by RMB and any foreign exchange is transferred to its account of registered capital, this sum of transferred foreign exchange shall be recorded down in the corresponding column of "Way of Investment" of the registration forms.
6. The foreign exchange administrations need not make any comment in the letter of inquiry.
Promulgated by The State Administration of Foreign Exchange on 2002-4-30