Article 1: In order to better exert the functions of the industrial and commercial administrative departments, strengthen the supervision and management of foreign-invested enterprises, standardize corporate behavior, and promote the healthy development of foreign-invested enterprises in this city, in accordance with the "People's **These regulations are formulated in accordance with the "Regulations on the Registration and Management of Enterprise Legal Persons of the People's Republic of China", "Detailed Implementation Rules" and other national laws and regulations related to foreign-invested enterprises. Article 2 The objects of supervision and management refer to the foreign-invested enterprises and their branches and offices registered and licensed by the Municipal Bureau within the scope of this city, as well as the branches and offices established in Beijing by foreign-invested enterprises in other places. Article 3 Supervision and management work shall be implemented by the industrial and commercial bureaus of each district (county) under the leadership of the municipal bureau, and the foreign investment administrators of each district (county) industrial and commercial bureau shall be specifically responsible.
Tasks of supervision and management Article 4 The tasks of supervision and management of foreign-invested enterprises include:
1. Establish an economic household registration and grasp the basic situation of domestic and foreign-invested enterprises in the jurisdiction in a timely, accurate and comprehensive manner;
2. Check the payment of registered capital of foreign-invested enterprises, urge the enterprises to pay registered capital in accordance with the investment proportion, method, and time limit stipulated in the contract and articles of association, and have the capital verified by a certified public accountant and submit a capital verification report;
3. Supervise enterprises to engage in business activities in accordance with registered items, and urge enterprises that change registered items to handle change registration in a timely manner;
4. Conduct comprehensive supervision and management of business operations, and urge enterprises to comply with national laws and regulations on trademarks, advertising, contracts, etc.;
5. Check the use of enterprise licenses, investigate and deal with forgery, alteration, rental, loan, transfer, sale or unauthorized copying of licenses and failure to hang business licenses in accordance with regulations;
6. Review and appraise the company's annual inspection report, and deal with problems found in a timely manner;
7. Combined with the annual inspection, understand the company's implementation of relevant terms of the contract;
8. Implement penalties for economic violations and violations in business activities;
9. Promote relevant national laws, regulations, and policies to enterprises in conjunction with supervision and management work;
10. Pay attention to investigation and research, grasp the dynamic situation of the enterprise, and promptly feedback information to relevant departments and leaders at all levels.
Implementation of Supervision and Management Article 5: The industrial and commercial bureaus of each district (county) shall promptly establish an enterprise's economic account after receiving the registration materials forwarded by the enterprise and the list of enterprises verified by the municipal bureau. Article 6: Implement a registration and household registration system for newly opened enterprises:
For enterprises within six months of registration and obtaining a license, door-to-door household registration will be carried out. Its contents are:
1. Check whether the registration items approved for license are consistent with the actual situation;
2. Check whether all parties to the joint venture have paid the registered capital as stipulated in the contract. For those that have been paid in, check the capital verification report; for those that have not been paid in or not paid in full, find out the situation and make reminders; establish an enterprise capital account to keep track of the dynamic status of the capital;
3. Check the use of enterprise licenses;
4. Determine the liaison officer of the enterprise and publicize relevant business administration regulations to the enterprise. Article 7 Contents of supervision and inspection of enterprises:
1. Check whether there are any changes in the company's address; whether there are changes in the company's chairman, general manager and other key persons in charge; whether the company is engaged in business activities in accordance with the approved business scope; if it is found that the registered items have changed, a reminder will be given and the change registration procedures will be completed within a time limit.
2. Check the establishment of branches and offices by enterprises in Beijing.
3. Check the use of corporate trademarks and performance of contracts.
4. Check whether the enterprise is open for business, and find out the situation for those that have not yet opened; for those that have been opened, understand and grasp the production and operation status of the enterprise. Article 8: Each district (county) bureau shall implement annual inspections of foreign-invested enterprises in accordance with the annual inspection regulations formulated by the municipal bureau. Annual inspection is an important procedure for the supervision and management of enterprises. Problems discovered during the annual inspection of enterprises should be resolved within the year. At the same time, a comprehensive analysis of the annual inspection summary statistics is conducted.
Article 9 Principle opinions on handling problems discovered during supervision and inspection:
1. For general violations of registration matters by enterprises, they should be reminded and a "Notice of Correction within a Time Limit" should be issued to urge the enterprise to make timely corrections.
2. Serious illegal acts in the business activities of enterprises will be investigated and punished in accordance with the relevant provisions of the Regulations and its Implementation Rules.
3. For problems encountered during supervision and inspection that are not clearly stipulated in relevant national laws and regulations, the municipal bureau should be consulted in a timely manner.
4. For foreign-invested enterprises where both parties or one party cannot perform the contract or cannot carry out business activities due to other reasons, the reasons should be identified, coordinated with the relevant departments, put forward handling opinions, and reported to the Municipal Bureau. Article 10 The authority to investigate and deal with illegal cases of foreign-invested enterprises:
1. The district (county) industrial and commercial bureau has the right to investigate illegal activities of domestic and foreign-invested enterprises within its jurisdiction, submit a report for handling, and submit it to the municipal bureau for approval after review by the legal agency in accordance with the review regulations.
2. In accordance with the relevant regulations of the State Administration for Industry and Commerce, the Municipal Administration for Industry and Commerce may confiscate illegal gains of up to 200,000 yuan and impose a fine of up to 20,000 yuan on foreign-invested enterprises that have violated the law. After the penalty decision is made, it shall be reported to the State Administration for Industry and Commerce for filing.
3. The Municipal Administration for Industry and Commerce shall respond within 15 days after receiving the relevant handling report from the district (county) bureau; if the punishment authority of the Municipal Administration for Industry and Commerce is exceeded, the municipal bureau shall report it to the State Administration for Industry and Commerce for approval.
4. For major and difficult cases, the district (county) industrial and commercial bureau should promptly report to the municipal bureau. If the municipal bureau deems it necessary, the municipal bureau will directly investigate and deal with it.
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