Guidance for Investment Procedures

Interim Regulations on the Examination and Approval of Foreign Investment Procedures in Shenyang

Article 1. The following regulations are formu­lated with the aim to improve working efficiency, simplify procedures, cut off red tape, standard­ize examination and improve behaviors, trans­form the government functions and perform duties in compliance with the law. Article 2. The examination and approval here refer to the administration actions taken by rel­evant government organizations when they ex­ecute examination, approval, registration, ac­creditation and other management functions of the same nature (including initial examination and filling, etc.) upon receiving applications from a certain natural person, legal entity and/or other social organizations.

Article 3. Rules for examination and approval procedures must be set up in conformity with the law. Governments and relevant organiza­tions at different level must abide by the law and related rules and regulations when they execute examination and approval. Drafts and resolutions put forward by governments con­cerning examination and approval matters must be discussed at hearings organized by relevant legislative bodies and be announced to the pub­lic.

Article 4. The city government will make public announcements in terms of increasing or reduc­ing examination and approval items before Jan. 10th every year. Article 5. The city government has established Administrative Examination and Approval Ser­vice Hall (hereby referred to as the Service Hall) in Heping District, Shenhe District, Dadong Dis­trict, Dongling District, and Yuhong District, so that governments at both city and district level could work together in order to facilitate the pro­cess of examination and approval. The Service Halls are co-managed by governments at both levels.

The Shenyang Administration Examination and Approval Office set up by the municipal gov­ernment is responsible for drafting rules and regulations, taking overall control of and coor­dinating relevant affairs in the Service Halls, and providing guidelines for examination and ap­proval.

The district governments should set up their ad­ministration office inside the Service Halls, and be responsible for the daily management and logistics services.

Article 6. All examination and approval matters that are to be examined and approved by the city government, except those under close-type control by the development zones or those al­ready entrusted to be taken care of by the dis­trict or county governments, are to be handled in the Service Halls nearby. The Shenyang Qipanshan Scenery and Tour­ism Development Zone and the Shenyang Ag­riculture New & Hi-Tech Development Zone will handle these matters in the Service Hall in Dongling District , Xinmin City and Liaozhong County will handle these matters in the Service Hall in Yuhong District, Kangping County, Faku County and Xinchengzi District will handle these matters in the Service Hall in Huanggu District, while Sujiatun District will handle these matters in the Service Hall in Heping District. Article 7. The Service Halls will make public the following items such as, law bases for the ex­amination and approval, items to be examined and approved, examination and approval pro­cedures, documents required, time promised to finish all the procedures, charge standard and so on. Applicants could be fully aware of all the examination and approval details throuth read­ing the service guidelines, checking at the roll­ing display screen, touching the multi-media PC, asking for a service notice or visit the website of the governments.

Article 8. The Service Halls adopt the following systems in handing examination and approval cases , such as (1)those that could be com­pleted on the spot must be done at once; (2)those that could not be completed in a short while must be guaranteed to have a certain of promise of time-limit; (3)those that might involve two or more organizations for a united exami­nation and approval must be designated to one service window for acceptance and be com­pleted in the shorted possible time; (4)those that might involve a pre-requisite examination and approval from higher authority must be submit­ted and reproted by the organization in charge of the servicee window to the higher authority and handle the case from the very beginning to the end; (5)those that could not meet the re­quirement and could not be approved must have a written explanation for the reason why rejected and be advised that the applicants have the right to ask for a recheck or go through administra­tive proceedings and place a lawsuit. Article 9. The Service Halls adopt a system of "all documents at the service window", that is applicants who send their application for exami­nation and approval, present the documents re­quired and pay the charges at the service win­dow are entitled to either get documents of ap­proval at the window, or get a promise of ac­ceptance and get the documents of approval at the window at a designated time. Article 10. The Service Halls adopt a consoli­dated charges management system. All charges are to be in compliance with the Charges Man­agement Regulations on Charge Items by the Examination and Approval Offices. Whatever kind of charges must be paid at a certain ser­vice window and be under a consolidated con­trol.

Article 11. The Service Halls adopt a close-end examination and approval system, that is those that are no longer required to be examined and approved should not be examined and approved andy longer; those that could be examined and approved at the Service Halls should not be ex­amined and approved at other places. Article 12. The Service Halls adopt a supervi­sion system. There are complaint windows and informanti's hot-line telephones in every Service Hall. Supervising personnels from both the city and district level are stationed in the Service Halls, who are to supervise the behaviors of various staffs from different organization work­ing at the windows in the Service Halls. Those who make bold to create examination and ap­proval items for their own interests, those who do not follow the designated procedures during the examination and approval process and those who continue to accept and execute ex­amination and approval at places other than the designated Service Hall will face penalty or be punished according to the System of Account­ability on Administrative Approval Improprieties in Shenyang and the Honest Administration System for Staffs Working in the Administrative Examination and Approval Service Halls in Shenyang.

Article 13. The Service Halls adopt a system of representatives. Each administration and ap­proval organization both at the city and district level should assign a chief representative to the Service Hall, to be responsible for the manage­ment and coordination of matters related to ex­amination and approval and be in charge of other relevant affairs at the service window ac­cording to their rights and responisbilities en­titled.

Article 14. The Service Halls adopt an execu­tive responsibity system. The executives of rel­evant organizations both at the city and district level that have working staffs in the Service Hall are held responsible for the examination and approval. All these organizations must have a working unit inside the organization to execute the overall management and coordination of examination and approval. Article 15. The Service Halls adopt a special stamp system. A special administrative approval stamp is to be marked on the documents to show the completion of the examination and approval process.

As to how to use this stamp, the Management Rules on the Usage of the Special Administra­tive Approval Stamp are to be followed. Article 16. The Service Halls adopt a consoli­dated examination and approval system. If the examination and approval involve pre-requisite approval from two or more organizations, a con­solidated examination and approval is required so that examination and checking procedures could be conducted at one time. The consoli­dated examination and approval are to be or­ganized and led by the chief representatives from different organization. A consolidated meet­ing is to be held by the concerned chief repre­sentatives for big and important examination and approval projects.

Those who are supposed to attend the meeting should be present on time and those who fail to be attend the meeting at the designated time are deemed to agree and will be held respon­sible for any consequences thus incured. Article 17. The Service Halls adopt a commit­ment system. If it is confirmed that the exami­nation and approval procedures could be con­ducted and finished on the spot, the Service Halls are fully committed in this case, in case that the procedures are to be conducted and finished within a certain period of time, the chief representatives of the organizations will be re­sponsible for the coordination and management. Article 18. The Service Halls adopt a document management system. Documents are deemed to be presented completely if applicants sub­mitted all the documents required in compliance with the Service Guidelines and the Informa­tion Notice. The staffs working at the service window have to make a registration of all the documents and sign. In case the signed docu­ments are lost or damaged, the examinations are held responsible.

Article 19. The staffs who are stationed in the service halls are under the leadership and supervision of both the Service Hall Management Authority and the organization that they come from. All staffs working in the Service Halls must abide by the Rules on the Management of Shenyang Administrative Examination and Approval Office and the Conduct Criteria for Staffs Working in Shenyang Administrative Examination and Approval Service Hall, ect..

Article 20. Organizations at the city level must try to simplify the examination and approval procedures and entrust relevant organizations at the district and county level to handle them in accordance with the policy of “Simple procedures and high efficiency”. Organizations at the city level must enhance their functions of designing. Providing guidelines, management and supervision and be undertake the overall control.

Article 21. The Service Halls must comply with the requirements by the city government and take overall control over the computer system, network,software,document filling,the safety of information,signature system and the examination and approval details.

Article 22. The City Administrative Examination and Approval Management Office will establish a set of standard documents and a management system for the procedures of examination and approval, charges, roll book, quality control, security, sanitation, inspection, fault investigation, anti-corruption, chief representative systems, etc and make necessary and timely amendments and supplements accordingly.

Article 23. Districts and counties, other than those that have already set up Service Halls in compliance with the requirements from the city government, may consummate their administrative examination and approval procedures referring to this regulation and criteria.

Article 24. The right for the explanation of this regulation belongs to the Legal System Office of the Municipal Government.

Article 25. This regulation comes into effect the day when it is published.