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2002120420030101The Ministry of Foreign Trade and Economic Cooperation, the National Bureau of Statisticsepdf/e03121.pdfA5direct overseas investment, investment, statistics, scope of statistics, statistical data, statistical institute, statistician, form
of statistical statemente03121The Notice of the Ministry of Foreign Trade and Economic Cooperation and the National Bureau of Statistics on Printing and Issuing
Statistical System of Direct Overseas InvestmentWai Jing Mao He Fa [2002] No. 549December 4, 2002The Foreign Trade and Economic Commission and the Bureau of Statistics of every province, autonomous region and municipality directly
under the Central Government and cities specifically designated in the state plan, the enterprises under the Central Government:In order to scientifically and efficiently organizing the statistical work of the direct overseas investment nationwide, accurately,
timely and entirely reflecting the actual conditions of the direct overseas investment of our country, and to ensure accurate, timely
and entire of the statistical information and to strengthen the overseas investment of our enterprises through macro-dynamic supervision,
to provide with a basis for the administrations of governments at all levels to control the conditions, make the policy, guide the
work and establish the mechanism of alarm beforehand to the items of capital of our country, Statistical System of Direct Overseas
Investment formulated by the Ministry of Foreign Trade and Economic Cooperation and the National Bureau of Statistics are hereby
printing and issuing, please carry out graveness.Informs specially.Appendix: Statistical System of Direct Overseas InvestmentThe Ministry of Foreign Trade and Economic CooperationThe National Bureau of StatisticsDecember 4, 2002Statistical System of Direct Overseas InvestmentPart I General InstructionChapter I General ProvisionsArticle 1 This system is formulated in accordance with the Statistical Law Of the People's Republic of China and the regulations on the implementation
of this law for the purpose of accurately, timely and entirely reflecting the actual conditions of the direct overseas investment
of our country, scientifically and efficiently organizing the statistical work of the direct overseas investment nationwide, and
fully exerting the function through enquiry and supervision.Article 2 "The direct overseas investment" mentioned in this system refers to the economic activities which is embodied by the investment made
by the domestic enterprises (hereinafter referred to as the domestic investing entities) in cash, or in the form of material objects
or intangible capital, etc in a foreign country or in the regions of Taiwan, Hong Kong and Macao, and which is centered on the operation
and management power of the foreign (or overseas) enterprises.Article 3 The basic mission of statistics of the direct overseas investment is to provide an comprehensive picture of the direct overseas investment
of our country entirely, accurately and timely through statistical investigation, statistical analysis and offering of statistical
data, so as to prepare basis on which cadres of different levels and relevant organs may get a knowledge of the statistics, make
policies and establish a nationwide pre-warning system of capital project.Article 4 This system is applicable to administrative departments engaged in the direct overseas investment of China, and to the domestic investing
entities engaged in the direct overseas investment ratified (or filed for record) by the State Council or by departments authorized
by the State Council.Article 5 The statistics of direct overseas investment shall be subject to a unified leadership, administration at different levels, and level-by-level-up
submission.1)The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as MOFTEC) as required by the National Bureau of Statistics
of China, shall be responsible for the statistics of the direct overseas investment throughout the country, for the administration
of the statistics of the direct overseas investment made by the foreign economic and trade commissions (or departments, or bureaus)
(hereinafter referred to as the administrative departments of foreign economic and trade at the provincial level) of provinces, autonomous
regions, municipalities under the Central Government, and municipalities separately listed on the State plan, and by the enterprises
managed by the Central Government, for the drawing up and collection of statistical data on the direct overseas investment throughout
the country.2)Administrative departments of the foreign economic and trade at the provincial levels shall be responsible for the statistics of the
direct overseas investment in the corresponding administrative regions, for the administration of the statistics of the direct overseas
investment made by the domestic investing entities (excluding the enterprises managed by the Central Government in the corresponding
administrative regions, same below) in the corresponding administrative regions, for the drawing up and collection of statistical
data on the direct overseas investment in the corresponding administrative regions and submit them to MOFTEC.3)Domestic investing entities shall be responsible for the management of the statistics of the direct overseas investment made by their
units, for the collection of the statistical data on the enterprises which they directly invest in accordance with the format regulated
by this system, and for the drawing up and collection of statistical data of their units to be submitted to the administrative departments
of foreign economic and trade at the provincial level and to MOFTEC.Chapter II Scopes of Statistics and Its Main ContentsArticle 6 Scopes of the statistics of direct overseas investment mainly involve the foreign corporate enterprises and non-corporate enterprises
(hereinafter referred to as foreign enterprises) established by domestic investing entities through direct overseas investment.Foreign Enterprises, according to the way they are established, mainly fall into the following types: subsidiary companies, affiliated
companies and branches.Article 7 Contents covered in the statistics of the direct overseas investment are mainly as follows: basic conditions of the domestic investing
entities; major economic activities of the foreign enterprises; conditions of the proportions of the investment, income distribution
and exchanges in other forms between the investing entities at home and foreign enterprises; and main economic exchange between the
foreign enterprises and the inside part of China, etc.Article 8 Indicators covered in the statistics of direct overseas investment are as follows: amount of contractual investment capital; actual
investment capital; amount of capital directly invested abroad; investment income; total capital; total indebtedness; rights and
interests of the owners; paid-up capital; income out of sales (operations); total amount of benefits; capital counter-invested into
the domestic investing entities by the foreign enterprises; and capital invested by the foreign enterprises in the enterprises within
the territory of PRC.Other norms include the following: total values of the freights imported from China; total values of the freights exported by China;
total values of the materials, products and technology provided by foreign enterprises to the domestic investing entities; total
values of the materials, products and technology provided by the domestic investing entities to the foreign enterprises; quantities
of resource products returned to China; exports enacted by the direct overseas investment; and the number of the personnel by the
end of the fiscal year, etc.Chapter III Submission, Management and Issuance of Statistical DataArticle 9 Statistical data is a general term of the statistical information indicating the development of the direct overseas investment obtained
through statistical methods and in the form of figures, including figures of statistics, statements of statistics and reports of
analysis, etc.Article 10 This system searches and collects, and sorts out statistical data by means of filling in statistical statements regularly. Investigation
reports are divided into yearly statements and seasonal statements.Article 11 Channels for submission of the statements of the direct overseas investment:1)Domestic investing entities managed by the Central Government shall submit the statistical statements directly to MOFTEC;2)Other domestic investing entities shall submit the statistical statements to the administrative department of the foreign economic
and trade at the provincial level;3)Administrative departments of the foreign economic and trade at the provincial level shall collect the statistical statements of the
corresponding administrative regions and report to MOFTEC, and meanwhile send the statistical statements to the statistical departments
at the same level; and4)MOFTEC shall, after collecting the statistical statements of the direct overseas investment throughout the country, send the statistical
statements to the National Bureau of Statistics.Article 12 Basic units shall establish and improve the system of underwriting the statistical data. Statistical statements shall not be sent
out until they are signed by the person held responsible and the tabulator of the units and are sealed by the units.Article 13 Units shall, in accordance with law, establish a system for the examination and verification, enquiry, secrecy, transmission, and
filing, etc of the statistical documents, and shall inspect the quality of the statistical data, so as to avoid re-statistics, lack
of statistics, or false statistics. In case of errors in the statistics, they shall be timely reported in a written form to the next
higher statistical administrative departments for correctness.Article 14 Statistics data used in the management of business and made publicly known shall be based on the statistical data issued by MOFTEC
and National Bureau of Statistics of China.Article 15 Statistical data classified, as "confidential" State secrets shall be kept secret. Statistical institutions and statistical workers
shall not disclose the business secrets of the units under investigation, which they learn in the statistical investigation.Chapter IV Statistical Institutions and StatisticiansArticle 16 Units shall, in accordance with the needs of the missions of statistical investigation and the amount of the statistics, design statistical
institutions, designate persons responsible for the statistics, and prepare full-time statisticians or appoint part-time statisticians.Article 17 Units shall stabilize their statistical departments and statisticians. Where statisticians shift to other work units or resign shall
undergo procedures for the transference of their work under the supervision by the person held responsible of the statistical institutions.Article 18 Main functions and responsibilities of the statistical institutions are as follows:1)Organizing, collaborating the statistics of the corresponding units and all the other units in the corresponding administrative region,
fulfilling the statistical investigation missions of the corresponding units, searching and collecting, arranging, and timely and
accurately providing statistical data;2)Conducting statistical analysis on the conditions of the direct overseas investment made by the corresponding units and the corresponding
administrative region, and exercising supervision over statistics;3)Being in charge of the training of the statisticians of the corresponding units and the corresponding administrative regions; and4)Managing the statistical data of the corresponding units.Article 19 Statisticians shall be armed with the professional knowledge needed for the statistical work.Article 20 Statistical institutions, persons in charge and statisticians of the statistical institutions shall enjoy the rights and bear the
obligations as stipulated by the Statistical Law of PRC and the regulations on the implementation of this law.Chapter V Rewards and PenaltiesArticle 21 Each institution shall regularly offer encouragements and rewards to the units and individuals who have made outstanding achievements
in the statistics of the direct overseas investment; whereas each institution shall criticize and assist the units and individuals
whose achievements in the statistics of the direct overseas investment are not satisfactory, and if the case is serious, administrative
sanctions shall be held for the persons in charge.Article 22 Any statistical institutions or statisticians that meet one of the following circumstances shall be rewarded:1)Excelling in fulfilling the statistical missions, and in guaranteeing the accuracy and timeliness of the statistical data;2)Making great achievements in statistical analysis, statistical prediction, and statistical supervision;3)Sticking to seeking truth from facts, performing the work lawfully, and combating against the actions which are in violation of the
statistical system; and4)Revealing and reporting actions which are in violation of the rules and regulations on statistics.Article 23 Any institutions or statisticians that meet one of the following circumstances shall be given administrative sanctions:1)Making false statistical entries or hiding the truth in the statistical entries;2)Forging or juggling the statistical entries; and3)Refusing to submit or repeatedly delaying the statistical data.Article 24 If any person held responsible of each unit incites or forcibly order the statistical institutions or statisticians to juggle or make
up forged statistical data; he shall be given administrative sanctions.If any person held responsible of each unit retaliates against the statisticians who refuse to prepare counterfeited statistical data
or resist doing so, he shall be given administrative sanctions.Article 25 Any statistician who steals or reveals the statistical data classified as "confidential" State secret, he shall be handled according
to the relevant laws.Chapter VI Supplementary ProvisionsArticle 26 Each unit may, in accordance with the prescription of this system, formulate rules for its implementation, and submit them to the
Ministry of Foreign and Trade for records.Article 27 If the expiration date occurs to be the national holiday, the time period for the presentation of the statistical statements shall
be extended accordingly.Article 28 Statistical codes of countries (or regions) used in this system shall be based on the Statistical Codes of Countries (or Regions)
drawn up by the General Customs Administration.Codes of units as a legal person shall be filled up and reported on the basis of the Certificate of Codes of Units as a Legal Person
issued by technology supervising departments at various levels.Classification of trades to which domestic investing entities belong shall be determined according to the prescription of the Classification
of the National Economic Trades ( GB/T 4754-2002); classification of trade of foreign enterprises shall be determined in light of
the above stipulation.Article 29 This system shall be subject to the interpretation of MOFTEC.Article 30 This system shall enter into force as of January 1, 2003.Part II Forms of Statistical Statementshtm/e03121.htm
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