Development area (Gaoqiao Street), Tongcheng Committee (Tongcheng Group), towns (streets):

This system is formulated in accordance with the Foreign Investment Law, the Regulations for the Implementation of the Foreign Investment Law and other laws and regulations in order to strengthen the in-process and post event supervision of foreign-invested enterprises in our city, standardize the supervision and inspection of foreign-invested enterprises and their investors, and safeguard the public interests and the legitimate rights and interests of enterprises.

Tongxiang Municipal Bureau of Commerce

October 18, 2022

Tongxiang City Foreign funded Enterprises Interim and Post event Supervision System

1、 Supervision and inspection objects

Foreign invested enterprises settled in our city refer to enterprises wholly or partly invested by foreign investors and registered in our city according to Chinese laws.

2、 Supervision and inspection principle

1. The principle of legal supervision. Strictly implement relevant laws and regulations, standardize regulatory actions, implement regulatory responsibilities, and ensure orderly supervision in accordance with the law during and after the event.

2. The principle of fairness and transparency. Adhere to openness of inspection items, procedures and results, and ensure equal rights and opportunities for inspection objects.

3. The principle of collaboration and efficiency. Establish and improve the mechanism of collaborative supervision and information sharing, form a joint force of supervision, and improve the efficiency of supervision.

4. The principle of who checks who feeds back. The inspection agency is responsible for feeding back the inspection results of its own implementation to the inspected objects.

3、 Contents of supervision and inspection

1. Foreign investors shall not invest in areas prohibited from investment by the negative list of foreign investment access.

2. Foreign investors shall meet the conditions specified in the negative list when investing in the fields restricted by the negative list of foreign investment access.

3. Where foreign investors need to go through the approval and filing of investment projects, the relevant provisions of the State shall apply.

4. Enterprises with foreign investment shall abide by the provisions of laws and administrative regulations on labor protection and social insurance when conducting production and business activities, and handle matters such as taxation, accounting and foreign exchange in accordance with laws, administrative regulations and relevant national regulations.

5. Foreign investors or foreign-invested enterprises shall submit investment information to the competent commercial departments through the Zhejiang Government Affairs Service Network.

4、 Supervision and inspection methods

1. Daily inspection: In accordance with relevant regulations and system requirements, the supervision and inspection of foreign-funded enterprises shall be started at the specified time and period.

2. Random inspection: relying on the city's "double random, one open" supervision work, the double random inspection module of the administrative law enforcement supervision platform is uniformly applied. In accordance with the requirements of "going to the door once and checking many things", the different spot checks of foreign-funded enterprises were combined for inspection. The inspection results were entered through the "Zhezheng Nail · Palmtop Law Enforcement" system, and publicity was made according to laws and regulations. The proportion and frequency of the selected objects with high risk level, dishonesty blacklist, key regulatory objects, and low credit score were increased, and the proportion and frequency of the selected objects with high credit score For inspection objects with low risk level, the proportion and frequency of sampling should be lowered to achieve differentiated supervision of enterprises with different credit risk levels, improve the problem detection rate and regulatory accuracy, and effectively improve the regulatory effectiveness. It can also be reported, based on the recommendations and reports of relevant departments or judicial authorities, or start supervision and inspection on its own authority.

3. Special inspection: Carry out targeted inspection on relevant foreign-funded enterprises according to relevant special inspection and rectification requirements and the unified deployment of the superior.

5、 Supervision and Inspection Procedures

1. The inspection institution shall establish a directory of supervisors and inspectors in the foreign investment comprehensive management information system (hereinafter referred to as the comprehensive management system), and the supervisors and inspectors shall be qualified for administrative law enforcement.

2. Formulate an annual spot check plan according to the specific conditions of the establishment and change filing of foreign-funded enterprises in the region, and determine the frequency and proportion of spot checks. In principle, the frequency of spot check shall not be less than twice a year.

3. The spot check is divided into non directional spot check and directional spot check. Non targeted random inspection refers to that the inspection institution randomly selects enterprises in the region at a ratio of not less than 3% according to the filing number of foreign-funded enterprises according to the requirements of fairness and standardization, generates a random inspection list, and checks the inspection objects in the list. Directional random inspection refers to the inspection institution randomly selects enterprises in the region at an appropriate proportion according to the characteristics of the foreign-invested enterprises such as investment scale, industry, geographical region, etc., and generates a random inspection list to inspect the objects in the list.

4. The inspection institution shall randomly select supervision and inspection personnel and inspection objects through the comprehensive management system. The number of staff performing each inspection task shall not be less than 2. The randomly selected inspectors who have an interest in the inspection object shall withdraw according to law. Inspectors shall wear law enforcement signs and show "Administrative Law Enforcement Certificate" for on-site supervision and inspection.

6、 Supervision, inspection and handling

The relevant competent authorities shall strengthen supervision and inspection of the implementation of the provisions of the negative list, and shall handle in accordance with the provisions of Article 36 of the Foreign Investment Law if they find that foreign investors invest in areas prohibited from investment by the provisions of the negative list, or that foreign investors' investment activities violate the special administrative measures for restrictive access prescribed by the negative list.

If a foreign investor or foreign-invested enterprise fails to submit investment information in accordance with the requirements of the foreign investment information reporting system, the competent commercial department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not less than 100000 yuan but not more than 500000 yuan.

The acts of foreign investors and enterprises with foreign investment that violate laws and regulations shall be investigated and dealt with by the relevant departments according to law and incorporated into the credit information system in accordance with the relevant provisions of the State.

The inspection institution shall play a synergetic role in supervision and inspection, and shall timely notify the public security, customs, taxation, market supervision, securities, foreign exchange and other relevant regulatory authorities of the possible violations of laws and regulations and the results of supervision and inspection that do not fall within the management responsibilities of the department found in the process of supervision and inspection

Appendix: 1. Form of Notice on Inspection of Foreign funded Enterprises (written inspection)

2. Form of Notice on Inspection of Foreign funded Enterprises (on-site inspection)

Tongxiang Municipal Bureau of Commerce

October 18, 2022

Notice on Inspection of Enterprises with Foreign Investment

(Written inspection)

(Enterprise name):

In accordance with the laws and regulations on foreign investment and the relevant provisions of the Foreign Investment Information Reporting Measures (hereinafter referred to as the Reporting Measures), we (the Company) intend to conduct a written inspection on your (the Company) compliance with the Reporting Measures on (date).

According to Article 22 of the Reporting Measures, "the competent commercial department may consult or require the inspected person to provide relevant materials according to law, and the inspected person shall cooperate in the inspection and provide truthfully". Now, you (the unit) are requested to submit the following materials to (specific address) or by mail (email address) or fax (fax number) before (date):

(Bill of Materials)

The results of this inspection will be recorded in the foreign investment information reporting system, shared with market supervision, foreign exchange, customs, taxation and other relevant departments, and publicized through the publicity platform of the foreign investment information reporting system.

If you have any questions about the inspection, you can contact me (unit) (specific department).

Contact: Contact:

Name of inspection agency (official seal)

specific date

Notice on Inspection of Enterprises with Foreign Investment

(Site inspection)

(Enterprise name):

In accordance with the laws and regulations on foreign investment and the relevant provisions of the Foreign Investment Information Reporting Measures (hereinafter referred to as the Reporting Measures), we (the unit) plan to conduct an on-site inspection of your company's compliance with the Reporting Measures on (date).

According to Article 22 of the Reporting Measures, "the competent commercial department may consult or require the inspected person to provide relevant materials according to law, and the inspected person shall cooperate in the inspection and provide truthfully". Now, your company is requested to prepare the following materials for future reference:

(Bill of Materials)

The results of this inspection will be recorded in the foreign investment information reporting system, shared with market supervision, foreign exchange, customs, taxation and other relevant departments, and publicized through the publicity platform of the foreign investment information reporting system.

If you have any questions about the inspection, you can contact me (unit) (specific department).

Contact: Contact:

Name of inspection agency (official seal)

specific date

CC: Municipal Human Resources and Social Security Bureau, Municipal Market Supervision Bureau, Municipal Taxation Bureau, and Municipal Administration of Foreign Exchange.

Tongxiang Bureau of Commerce Office Issued on October 18, 2022