Examination and approval of a Foreign-related Investigation Permit

By Todd KuhnsLast Updated on May 15, 2008
Examination and approval of a Foreign-related Investigation Permit

Release Date: 05-15-2008

Source: National Bureau of Statistics of China

Chinese Title: 涉外调查许可证审批

Examination and approval authority: Bureau of Statistics of the Autonomous Region

Basis for examination and approval: the Statistics Law of the People’s Republic of China and its detailed implementation rules

Conditions:

I. A legal person entity shall submit the following seven paper materials to the Bureau of Statistics of the Autonomous Region:

1. A form of application for a Foreign-related Investigation Permit. This form shall be uniformly printed by the Bureau of Statistics of the Autonomous Region.

2. Original copies and one of the photocopies of the following certificates of legal persons which have passed annual inspection in that year:

① Business License of Enterprise as Legal Person;② Legal Person Certificate of Public Institution;③ Registration Certificate for Social Organization as Legal Person;④ Registration Certificate for Private Non-enterprise Entity (as Legal Person).

Upon verification of the original copy and photocopy of the legal person certificate by the Bureau of Statistics of the Autonomous Region, the original copy shall be returned to the applicant.

3. Having a report of investigation capacity suitable for the foreign-related investigation it undertakes. The report shall include the investigation fields and specialties, personnel, equipment, investigation performances and other contents which may specify the investigation capability of the applicant.

4. Materials proving that the applicant has conducted at least three investigation projects or has at least CNY300,000 of investigation turnover in the year prior to the date of application. The applicant may provide either of the following materials:

① photocopies of the questionnaires and contracts on each of the more than three investigation projects conducted thereby in the year prior to the date of application.

②photocopies of questionnaires and contracts with respect to each project with a total amount of investigation turnover conducted thereby reaching CNY300,000 within one year before the date of application.

5. Establishing a strict and sound information confidentiality system, which shall strictly stipulate the confidentiality in collecting, keeping, providing and destroying investigation materials.

6. Statement on no record of material violation of laws in the latest two years. The applicant shall issue a statement by itself that it has no record of major illegal act within the latest two years.

7. Other materials that the Bureau of Statistics of the Autonomous Region considers necessary to be submitted by an applicant for proving the content as listed in Article 11 of the Measures for the Administration of Foreign-related Investigation.

The said material shall be made in triplicate. Each set shall be bound into a book in the order of the above 7 items, with the specifications of A4 size. The materials in each set shall be signed by the legal representative of the applicant and affixed with the company seal. The applicant shall be responsible for the authenticity of the materials submitted.

II. The Chinese (Ningxia) branch of an overseas organization shall submit the following five paper materials to the Bureau of Statistics of the Autonomous Region:

1. A form of application for a Foreign-related Investigation Permit. This form shall be uniformly printed by the Bureau of Statistics of the Autonomous Region.

2. The photocopy of the approval certificate of the agency in China (Ningxia) established by the overseas organization, and the original and photocopy of its registration certificate. The registration certificate must pass the annual inspection for the current year. After verifying the above documents, the Bureau of Statistics of the Autonomous Region shall return the original registration certificate to the applicant.

3. The information confidentiality system of the investigation organization, which is equivalent to the material requirements for an entity with legal person status set forth in the aforesaid Item 5.

4. Statement on no record of material violation of laws in the latest two years, which is equivalent to the material requirements for an entity with legal person status set forth in the aforesaid Item 6.

5. Other materials that the Bureau of Statistics of the Autonomous Region considers necessary to be submitted by an applicant for proving any content as listed in Article 12 of the Measures for the Administration of Foreign-related Investigation.

The said material shall be made in triplicate. Each set shall be bound into a book in the order of the above five contents in A4 size. The materials in each set shall be signed by the chief representative (principal) of the applicant and affixed with the official seal. The applicant shall be responsible for the authenticity of the materials submitted.

Processing procedure:

I. Receipt of Application Materials

The Bureau of Statistics of the Autonomous Region shall, after preliminary examination and in the light of the following three conditions, process the application materials submitted by an applicant:

1. If the application materials are found to be qualified and are directly submitted by the personnel dispatched by an investigation agency, a Notice of Receipt of Application Materials for a Foreign-related Investigation Permit shall be issued to the applicant on the spot and the date of issue shall be the date when the application materials are received; in case of unqualified application materials, the applicant shall be notified on the spot thereof and the application materials will be accepted.

2. If the application materials are delivered by post or express delivery, and are found to be qualified, the date when the Regulatory and Statistical Design Management Office of the Bureau of Statistics of the Autonomous Region receives the mail shall be deemed as the date of receipt of the application materials; if the application materials are found to be unqualified, the applicant shall be informed by fax thereof and the application materials will not be accepted.

II. Acceptance of Application

1. If the application materials are complete and conform to the statutory form, the date on which the application materials are received shall be the date on which the Bureau of Statistics of the Autonomous Region accepts the application.

2. If the application materials are incomplete or do not conform to the statutory form, the Bureau of Statistics of the Autonomous Region shall, within five working days from receipt of the application materials, fax a Notice on Supplementing and Correcting Application Materials for Foreign-related Investigation to the applicant, and the date of the fax shall be the date of notice ; the Bureau of Statistics of the Autonomous Region shall mail the Notice on Supplementing and Correcting Application Materials for Foreign-related Investigation to the applicant through a post office, and the date on which it receives the supplementary and corrected materials that meet the requirements shall be the date of acceptance of the application. If it fails to do so within the time limit, the day when the application materials are received shall be considered as the day when the application is accepted.

If the Notice on Supplementing and Correcting Application Materials for Foreign-related Investigation cannot be faxed due to the applicant’s fault, the date when the Bureau of Statistics of the Autonomous Region mails the said Notice shall be the date of its notice.

III. Decision on Approval or Disapproval of Application

The Bureau of Statistics of the Autonomous Region shall, within 20 working days from the date it accepts an application, make a decision of approval or disapproval. If it fails to make such a decision within such a time limit, it shall, within 20 working days from the date of acceptance of the application, fax a Notice of Extending the Time Limit for Examination and Approval of Foreign-related Investigation to the applicant and inform the applicant that the time limit for examination and approval will be extended by ten working days and the date of fax shall be the date of notice . Thereafter, the Bureau of Statistics of the Autonomous Region shall mail such Notice to the applicant through a post office. If the Notice on Extending the Time Limit for Examination and Approval of Foreign-related Investigation cannot be faxed due to the applicant’s fault, the date when the Bureau of Statistics of the Autonomous Region mails the Notice on Extending the Time Limit for Examination and Approval of Foreign-related Investigation shall be the date of such notice. In the case of a decision of approval, a Foreign-related Investigation Permit shall be issued to the applicant; in the case of a decision of disapproval, a written Decision of Not Granting a Foreign-related Investigation Permit shall be made.

IV. Service of the Decision on Administrative Examination and Approval

After making a decision of approval or disapproval, the Bureau of Statistics of the Autonomous Region shall serve the written decision on administrative examination and approval within ten working days from the date of making such a decision.

1. In the case of a decision of approval, the Foreign-related Investigation Permit shall be sent to the applicant by mail. The date of mailing the Foreign-related Investigation Permit shall be the date of service.

2. In the case of a decision of disapproval, the Decision of Not Granting a Foreign-related Investigation Permit shall be faxed to the Applicant by facsimile. The date of service shall be the date of the facsimile and the written Decision of Not Granting a Foreign-related Investigation Permit shall be mailed to the applicant through a post office. If the written Decision of Not Granting a Foreign-related Investigation Permit cannot be faxed due to reasons attributable to the applicant, the date when the written Decision of Not Granting a Foreign-related Investigation Permit is mailed shall be deemed as the date of service.

The time limit for processing: 20 business days

Charging standard and basis: free of charge

Model text of application materials:

Application Form for Foreign-related Investigation Permit
Applicant (Seal)
Chief Representative/Principal (Signature)
Completed by:

Tel:

Fax:

Time: date xx/xx/xxxx

Fundamental Information about an Applicant (the Form is prepared by the Bureau of Statistics of Ningxia Hui Autonomous Region)

Name.Chinese
Foreign Language
Approval Certificate Issuing Authority
Approval Certificate No.
Period of Validity of Approval Certificatefrom date (xx/xx/xxxx) to date (xx/xx/xxxx)
Registration Certificate Issuing Authority
Registration Number of the Certificate
Period of Validity of Registration Certificatefrom date (xx/xx/xxxx) to date (xx/xx/xxxx)
Registered Address
Correspondence AddressZip Code:
Home Page AddressE-mail
Chief RepresentativeTelephoneFax
PrincipalTelephoneFax
LiaisonTelephoneFax
Type of Organization(1) foreign enterprise’s branch in China (Ningxia) (2) foreign enterprise’s permanent representative office in China (Ningxia) (3) other foreign organization’s branch in China (Ningxia) (4) other foreign organization’s permanent representative office in China (Ningxia) (5) international organization’s branch in China (Ningxia) (6) international organization’s permanent representative office in China (Ningxia) (7) Hong Kong, Macau or Taiwan enterprise’s branch in China (Ningxia) (8) Hong Kong, Macau or Taiwan enterprise’s permanent representative office in China (Ningxia) (9) other Hong Kong, Macau or Taiwan organization’s branch in China (Ningxia) (10) other Hong Kong, Macau or Taiwan enterprise’s permanent representative office in China (Ningxia) (11) any other type (please state clearly)
Registered Capital(CNY 10,000)Number of Employees (people)Number of Chinese Party Employees
Number of Foreign Employees
Scope of Business

Information about the overseas organization to which the applicant is affiliated

NameForeign Language
Chinese
Registered Address
Correspondence AddressZip Code:
Home Page Address
Legal RepresentativeTelephone
Types of Legal Person(1) foreign enterprise (2) other foreign organization (3) international organization (4) Hong Kong, Macao or Taiwan enterprise (5) any other Hong Kong, Macao or Taiwan enterprise (6) any other body (please specify)
Scope of Business

Opinions of the Authority for Foreign-related Investigation Administration

Opinions of the Responsible PersonSignature (seal): date (xx/xx/xxxx)
Review Opinions of the Authority for Foreign-related Investigation AdministrationSignature (seal): date (xx/xx/xxxx)
Examination and Approval Opinions of the Authority for Foreign-related Investigation AdministrationSignature (seal): date (xx/xx/xxxx)
Remark

Instruction for Competing the Form:

I. Applicants shall fill in the form accurately as required and be responsible for the authenticity of the contents filled in.

II. The application form shall be filled in neatly and clearly with a pen, writing brush or signature pen.

III. Please fill in “none” for the items in the application form which need not or cannot be filled in by some investigation agencies.

IV. This form shall be filled in triplicate, and duplicating will be invalid.

Channel for Complaint: 0951-5043935