Announcement for Annual Report for Year 2019

 

Announcement of the Ministry of Commerce, the State Administration for Market Regulation and the State Administration of Foreign Exchange on Conducting Annual Reporting of the 2019 Annual Report on Foreign Investment Information

 

(Announcement No. 72 [2019] of the Ministry of Commerce)

 

In order to implement the decisions and arrangements of the CPC Central Committee and the State Council to open wider to the outside world and promote foreign investment, ensure the smooth implementation of the Foreign Investment Law, implement the reporting system for foreign investment information, deepen the reform of “simplifying procedures, decentralizing powers, combining decentralization with appropriate control, and optimizing services” and improve the business environment, the Ministry of Commerce, the State Administration for Market Regulation and the State Administration of Foreign Exchange shall, as from January 1, 2020, jointly conduct annual reporting of the reports on foreign investment information in accordance with the Measures for the Reporting of Foreign Investment Information and the Announcement on Matters Concerning the Reports on Foreign Investment Information. The specific matters concerning the annual report on the 2019 annual report on foreign investment information are hereby announced as follows:

I . Foreign-funded enterprises legally formed and registered within the territory of China before December 31, 2019 shall submit annual reports during the period from January 1 to June 1, 2020 by logging on to the national enterprise credit information publicity system (www.gsxt.gov.cn). The relevant data and information shall be shared among the departments of commerce, market supervision, and foreign exchange.

Foreign-funded enterprises formed after January 1, 2020 shall submit annual reports as from the next year.

II . For the contents of an annual report, see the Announcement on Matters Concerning Reports on Foreign Investment Information (Announcement No. 62 [2019], MOC).

III . If information on investment and management submitted by a foreign-funded enterprise conducting annual reporting may be disclosed to the public according to the Interim Regulation on Enterprise Information Disclosure der No. 654 of the State Council) or it agrees to do so, the information shall be disclosed to the public through the public platform for foreign investment information reporting system (wzxxbg.mofcom.gov.cn/gspt) and the national enterprise credit information publicity system (www.gsxt.gov.cn).

IV . A foreign-funded enterprise may, within seven days of the completion of the annual report submission through the national enterprise credit information publicity system, inquire about the status of receiving the annual report of the enterprise by the commerce department by logging on to the foreign investment information reporting system. If it is discovered that the platform fails to publish the annual report information, it shall report to the local commerce department.

V . If it is discovered before June 30, 2020 that there is any misstatement or omission in an annual report, the foreign-funded enterprise shall supplement or correct the report through the national enterprise credit information publicity system; if, starting on July 1, 2020, there is any unreported, false or missed information in an annual report, the foreign-funded enterprise shall apply to the commerce department for making supplementation or corrective action through the foreign investment information report management system (wzxxbg.mofcom.gov.cn). If an enterprise is incorporated into the list of the enterprises with abnormal operations for failure to perform annual reporting obligations, it shall undergo the relevant formalities as required by the Interim Regulation on Enterprise Information Disclosure. 

VI . Enterprises from foreign countries (regions) engaging in production and business activities, foreign-funded companies, venture-capital enterprises and enterprises formed within the territory of China by foreign-funded partnerships whose principal business is to make investment shall submit annual reports as foreign-funded enterprises.

VII . Enterprises formed within the territory of China by foreign-funded enterprises (including multi-level investment) shall make annual reports in accordance with the Interim Regulation on Enterprise Information Disclosure. The relevant information shall be shared by the market supervision department with the commerce department, and the enterprises are not required to make submission separately.

VIII . This Announcement shall come into force on January 1, 2020.

Ministry of Commerce

State Administration for Market Regulation

State Administration of Foreign Exchange

December 31, 2019 

 

(All information published in this website is authentic in Chinese. English is provided for reference only. )