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Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and Administer the Foreign-funded Designing Enterprises for Engineering Projects
[Effective]
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商务部关于委托省级商务主管部门审核管理外商投资建设工程设计企业的通知
[现行有效]
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【法宝引证码】
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Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and Administer the Foreign-funded Designing Enterprises for Engineering Projects
(No. 92 [2005] of the Ministry of Commerce)
The administrative departments of commerce of all provinces, autonomous regions, municipalities directly under the Central Government and the cities under separate state planning as well as the Administrative Department of Commerce of Sinkiang Production and Construction Corps.:
According to the requirements of the State Council for simplifying the administrative examination and approval system and in order to simplify the procedures for examining the contracts and constitutions of foreign-funded enterprises, improve efficiency and accelerate the absorption of foreign investment within the sector of service trade, we hereby notify the relevant issues as follows on entrusting the administrative departments of commerce of all provinces, autonomous regions, municipalities directly under the Central Government and the cities under separate state planning as well as the Administrative Department of Commerce of Sinkiang Production and Construction Corps. (hereinafter referred to as the provincial administrative departments of commerce) and the administrative commissions of national economic and technical development zones to examine and administer the foreign-funded designing enterprises for engineering projects:
| | 商务部关于委托省级商务主管部门审核管理外商投资建设工程设计企业的通知
（商资函〔2005〕92号）
各省、自治区、直辖市、计划单列市及新疆生产建设兵团商务主管部门：
根据国务院关于简化行政审批制度的要求，为简化外商投资企业合同、章程的审核程序，提高效率，加快服务贸易领域吸收外资工作，现就委托各省、自治区、直辖市、计划单列市及新疆生产建设兵团商务主管部门（以下简称省级商务主管部门）和国家级经济技术开发区管委会审核管理外商投资建设工程设计企业的有关问题通知如下：
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I.The provincial administrative departments of commerce and the administrative commissions of national economic and technical development zones are entrusted to examine and administer the foreign-funded designing enterprises for engineering projects.
| | 一、委托省级商务主管部门和国家级经济技术开发区管委会负责外商投资建设工程设计企业的审核、管理工作。
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II.All the entrusted departments and institutions shall, according to the Provisions on the Administration of Foreign-funded Designing Enterprises for Engineering Projects (No. 114 [2002] of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation) as well as other laws and regulations on foreign investment, strictly enforce the relevant standards for the qualification of foreign-funded enterprises, earnestly carry out the relevant examination on the application for the establishment or alteration of foreign-funded designing enterprises for engineering projects and, upon soliciting for the opinions of the administrative department of construction, handle the relevant matters according to the procedures and requirements as prescribed in the aforesaid provisions. The entrusted departments and institutions shall report the problem as arising in the process of examination and approval, if any, to the Ministry of Commerce in a timely manner. In the case of any rule-breaking examination and approval in the duration of entrustment, the Ministry of Commerce shall, in light of the real situation, circulate a notice of criticism or even withdraw its entrustment.
．．．．．． | | 二、各被委托部门和机构应按照《外商投资建设工程设计企业管理规定》（建设部、外经贸部令〔2002〕第114号）及其他外商投资法律法规，严格把关，认真对外商投资建设工程设计企业的设立或变更申请进行审核，并按照上述规定中的程序和条件征求建设行政主管部门意见后办理。被委托部门和机构应将在审核过程中出现的问题及时上报商务部，如在委托期间有违规审批行为，商务部将视情通报直至收回对其的委托。
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