Laws

Circular of the Ministry of Industry and Information Technology on Strengthening the Investment of Auto Manufacturing Enterprises in Enterprises with Projects Recorded

The competent industry departments of provinces, autonomous regions, municipalities directly under the Central Government, separately planning cities and Xinjiang Production and Construction Corps. and relevant units,

In accordance with the Circular of the State Council on Printing and Distributing the Plan for Automobile Industry Adjustment and Reviving, Policies for Auto Industry Development and relevant documents of the State Council, for the purpose of doing well administration on investment projects of auto manufacturing enterprises, relevant requirements for administration on the filing of investment projects of auto production enterprises are hereby notified as follows:

(1) The existing automobiles, tri-cars, low-speed vans and engines for auto use production enterprises expand the production capability and increased varieties of the same kind through collecting funds on their own, including non-independent legal person production units that newly set up the products of the same kind in another place, among which the establishment of the branch plant of one auto production enterprise in another place shall be conducted on the basis of incorporating the existing auto production enterprise, and the competent industry departments (hereinafter referred to as: competent industry department) of economic and trade commissions, economic and commercial commissions and development and reform commissions of the people’s governments at the provincial level (separately planning cities) or separately planning corporate groups and enterprises directly under the Central Government submit to the Ministry of Industry and Information Technology for filing.

(2) The projects investing in the production of special purpose vehicles shall be checked by the competent industry departments of the people’s governments at the provincial level (separately planning cities) according to relevant provisions of the state and be submitted to the Ministry of the Industry and Information Technology for filing.

(3) The projects investing in production of motorbikes and engines as well as the parts and components of autos, tri-cars, low-speed vans and motors shall be submitted to the competent industry departments of the people’s governments at the provincial level for filing according to relevant provisions of the state.

Article 2 The filing documents for the investment projects of auto manufacturing enterprises recorded in the Ministry of Industry and Information Technology shall be submitted by the competent industry departments of the people’s governments at the provincial level (separately planning cities) or the separately planning groups and enterprises directly under the Central Government. The title of the filing documents shall be: “report on project filing of x x x”, with the content of documents including: the status of investment projects, opinions of the unit on project filing and the name and telephone of operator. The filing documents shall be attached by filing report (see attachment 1 for specific requirements) and the filing form (attachment 2). The filing documents and attachments shall be simultaneously submitted in the form of paper and electronic file (disc) with triplicate.

Article 3 The departments responsible to submit shall make sure of the completion and authenticity of documents and materials for filing.

Article 4 With respect to the investment projects qualified for filing, the Ministry of Industry and Information Technology shall notify the departments responsible to submit in the written form and accordingly accept the application of the vehicle production enterprises and on product announcement.

Article 5 The competent industry departments of the people’s governments at the provincial level (separately planning cities) will sum up the acceptance of Filed Projects of the departments on that current quarter in the last week of each quarter, fill out the Summary Sheet of Filed Projects of Auto Production Enterprises (attachment 3) and submit the Ministry of Industry and Information and Technology in the form of electronic document (Department of Equipment Industry, mailbox: qiche@miit.gov.cn).

Article 6 For relevant requirements and corresponding tables on Filed Projects, please refer to the Guide to Filing of Investment Projects of Auto Production Enterprises at the website of the ministry of Industry and Information and Technology (www.miit.gov.cn) and the website of the Department of Equipment Industry.

Article 7 To facilitate communication, the competent industry departments of the people’s governments at the provincial level (separately planning cities), and the competent authorities of separately planning corporate groups and enterprises directly under the Central Government shall decide on one contact person and submit to the Ministry of Industry and Information and Technology (the auto office of the Department of Equipment Industry, telephone: 010-66015916, fax: 010-66013708, mailbox just the same above).

Article 8 The administration on filing of investment projects of auto production enterprises shall be implemented in accordance with this Circular as of April 1, 2009.

Attachment 3: The summary sheet of Filed Projects of auto production enterprises

Article 1 The basic situation of auto production enterprises or investors of project, legal address, name of legal representative, license of the business corporation as well as corporate performance and standing of bank over the past three years.

Article 2 The necessity of investment in project construction and analysis of foreign and domestic markets; analysis of product technical level and source (explanation of product intellectual property rights); the source of products including engines and assembly, system and electronic control units; total project investment, registered capital and capital source; production (business) scale and content of project construction; and arrangement of construction modes and progress.

Article 3 The basic situation of China-foreign joint ventures, cooperative businesses and foreign joint ventures and cooperators includes name of foreign businessman, registration country, legal address and representative and nationality, the status of foreign investment in China and the performance, separate share proportions of Chinese party and foreign party, investment mode, capital source, the deadline of joint venture, international and domestic procurement plan and the supporting plan for engine and main assembly and parts and components in the investment project.

Article 5 The projects applied for filing in the wake of examination and approval of the competent industry departments of the people’s governments at the provincial level (separately planning cities) shall be possessed of the environmental assessment report and the opinions of the administrative competent authorities of environmental protection with the right of examination and approval.

Article 6 The land use certificate for the land use of project construction; where land acquisition shall be done, the pre-review opinions of the land and resources administration shall be shown.

Article 7 Technical transfer and technical cooperation contracts in the introduction of technology involved in products.

Article 8 Self-financing shall show the certification of capital implementation and loan shall show the commitment documents of bank.

Article 9 For Article 5-7 and loan shall show the commitment documents of bank, official documents or copies shall be offered, the seal and date on the copies shall be clear and PDF documents shall be provided in the disc.

Article 10 Statement of project units responsible for the authenticity of the content of filing report and attached documents.

Name of project		location	Category of product		Person responsible for project
Specific product involved in the project		Start-stop year of project	Competent industry department of the people’s government at the provincial level
Main content of project construction
Main goals achieved by project ( such goals as raising the quality of specific products, increasing varieties, saving energy and lowering consumption, expanding export, digesting and absorbing localization and treating pollution, and they shall be shown with data as much as possible.)
Total investment of project	Among which the utilization of the original investment	New investment
		Fixed-assets investment	Loan to be applied to bank		Foreign investment
		Start-up working capital	Own fund		Foreign exchange
Newly-increased sales revenues		Newly-increased profits	Newly-increased tax		Newly-increased foreign exchange earned through export
Intentional opinion of offering loan	Name of bank		Sum of offering loan	Opinion of bank



Please fill in if the newly-built project is the China-foreign joint venture：
Deadline of joint venture		China-foreign share proportion	Time of construction launching		Time of construction completion
Name of foreign business					Registration country
Legal address			Legal representative		Nationality of legal representative

Summary of Filed Projects of Auto Production Enterprise of the Quarter of the Year_ of _Province

Series number	Name of enterprise	Name of project	Category of products involved	Main content of project construction	Program of product manufacturing	Total investment of project	Newly-increased fixed-assets investment	Filing date	Competent industry departments of the people’s government at the provincial level Approval or filing document symbol

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