Enterprises
with foreign investment approval procedures
Foreign investment projects, the project has to go
through the vetting proposals (unnecessary approval
of foreign-funded enterprises), feasibility study
report on the approval and the contract, the charter
approval, just completed three steps.
(1) project proposal approval. To be established
by enterprises with foreign investment of which direction
the project approval authority to submit project proposals
and other necessary documents. By approving authority
for approval before the next step for approval.Project
proposals should
Contain the following main elements :
1. China's basic conditions of the joint venture,
including China, the joint venture company name, production
profiles, legal address, and other legal representatives.
2. The joint venture aims to highlight the foreign
exchange earned through exports, introduce advanced
technology necessity and possibility.
3. Basic foreign joint ventures, including foreign
name, registration, the statutory addresses and proxy
names, positions, nationality.
4. The scope and scale of the joint venture, to
highlight the need for construction projects, their
domestic and foreign demand and production, and product
sales of the main areas.
5. Total investment, the joint venture refers to
the need to be invested in fixed capital and liquidity
sum.
6. Investment and funding sources, including the
joint venture investment and the proportion of funds
constitute ratio.
7. Major production technology and equipment, mainly
to explain the technology and advanced equipment,
applicability and reliability important technical
and economic indicators.
8. The main raw materials, water, electricity,
gas transportation requirements and sources.
9. The volume, composition and origin.
10. Benefits, and to highlight the foreign exchange
receipts and payments arrangements.
In addition to the Chinese joint venture to the
approving authority to submit project proposals, but
also according to the size and characteristics to
the machine approval
Customs to submit the following documents
:
1. Project partners letter of intent;
2. Foreign creditworthiness of the questionnaire;
3. Approving authority requested by the other documents.
(2) feasibility study report on the approval. Project
proposals by the approving authority for approval
by the project parties in the project proposals on
the basis of the joint feasibility study, reported
approving authority for approval. The production projects
The feasibility report should cover the following
main elements :
1. Basic profiles.
(1) the joint venture name, legal address, purpose,
business scope and scale;
(2) of the basic parties to the joint venture,
including its name, registration, the statutory addresses
and proxy names, positions, Nationality (Note to the
Chinese authorities);
(3) total investment of the joint venture, registered
capital, including the joint venture funded ratio
basis, funding period;
(4) the period of its joint and the joint venture
distribution of profits, loss sharing ratio;
2. Products based on arrangements and production.
The domestic and international market projections,
as well as domestic and now the construction of the
production plant capacity.
3. Supplies arrangements (including energy and
transport) and its basis.
4. Project Selection and address basis.
5. Technical equipment and processes for the selection
and the basis (including domestic and foreign equipment
distribution arrangements).
6. Production organization (including a few workers,
composition, source and Management) and its basis.
7. Pollution management and labor safety, sanitation
facilities and its basis.
8. Construction, the construction schedule and its
basis.
9. Based on its financing (including the original
plant and equipment is calculated on the basis stake).
10. Foreign exchange arrangements and their basis.
11. Technical and economic benefits of comprehensive
analysis
Parties to the project in addition to the approving
authority to submit feasibility study report, also
submitted to the authorities for approval the following
documents :
1. Project proposals and approved documents;
2. Parties to the project lies issued by the government
to prove lawful business;
3. Domestic and foreign demand of the market research,
forecasting;
4. The departments in charge of the raw materials
needed for the project, funding arrangements;
5. Approving authority requested by the other documents.
Authorities received approval from the date of
this material, within 90 days to make approval or
disapproval decision.
(3) contract, the charter approval. Foreign investment
project proposals and feasibility study reports for
approval, the joint venture signed a contract to facilitate
and develop the statute, reportedly approving authority
for approval.
(4) joint venture contract should include the following
main elements :
1. The joint venture's name, country of incorporation,
legal address and the proxy name, title, nationality;
2. The joint venture name, legal address, purpose,
business scope and scale;
3. The joint venture's total investment and registered
capital of the joint venture parties to the amounts
that investors share basis, investors pay period and
the amounts in arrears, transfer requirements;
4. The joint venture distribution of profits and
loss sharing ratio;
5. The joint venture the composition of the board
of directors of the quota allocation and general manager,
deputy general manager and other senior management
staff duties, powers and employment;
6. The main production equipment, production technology
and its sources;
7. The purchase of raw materials and product sales,
products in the Chinese inside and outside sales ratio;
8. Foreign fund balance of payments;
9. The financial, accounting, auditing, management
principles;
10. The labor management, wages, welfare, labor
insurance matters;
11. The joint venture period, dissolution and liquidation;
12. Breach of contract;
13. The joint venture between the parties to resolve
the modalities and procedures;
14. Contracts used in the letter and the conditions
for the entry into force of the contract.
The joint venture contract annex, and the joint
venture contract with the same effect.
(5) Joint venture statute include the following
main elements :
1. The joint venture name and legal address;
2. The joint venture's purpose, scope of operations
and the joint venture period;
3. The joint venture's name, country of incorporation,
legal address, the legal representative of the names,
positions, nationality;
4. The joint venture's total investment and registered
capital of the joint venture parties to the amounts,
funded ratio, the transfer of the shareholding, distribution
of profits and loss sharing ratio;
5. The board composition, mandate and rules of
procedure, the tenure of directors, chairman, vice
chairman of duties;
6. Management settings, work rules, general manager,
deputy general manager and other senior management
staff and the appointment and removal of duties;
7. The financial, accounting, audit system;
8. The dissolution and liquidation;
9. The charter revision process.
(6) the establishment of Sino-foreign joint ventures,
and approval departments shall submit the following
documents :
1. The establishment of a joint venture applications;
2. The joint venture partners of the joint feasibility
study report;
3. The parties authorized by the joint venture
signed by the representatives of the joint venture
contracts and regulations;
4. Appointed by the joint venture partners of the
joint venture's chairman, vice chairman and directors
list;
5. Chinese partners for the enterprise sector and
joint ventures located in the provinces, autonomous
regions, municipal governments on the establishment
of the joint venture signed views.
The above documents must be written in Chinese,
2, 3, four documents may also agreed with the joint
venture partners of a foreign language writing. Both
Chinese documents have the same effect.
Authorities received approval from the date of
this material, decide within three months or is not
approved.
(7) the establishment of Sino-foreign cooperative
enterprises, to the approving authorities should submit
the following documents :
1. The establishment of cooperative enterprise
resumption of project proposals, and enclose authorities
agreed to review the documents;
2. Cooperation between the parties jointly prepared
the feasibility study report and the attached authorities
agreed to review the documents;
3. Cooperation from the legal representative of
the parties or their authorized representatives signed
a cooperative enterprise agreements, contracts, the
statute;
4. Parties cooperation of the business license
or registration certificate, credit certification
and the legal representative of the certificates,
foreign partners is a natural person, should provide
information concerning the identity, biographies and
the creditworthiness of the certificates;
5. Cooperation between the parties identified in
consultation cooperative enterprise, chairman, vice
chairman of the board of directors or joint management
committee chairman, deputy director, member of the
list of candidates;
6. Review and approval organs request submitted
by other documents.
The documents listed in the preceding paragraph,
in addition to its four listed foreign partners to
provide the documents to be submitted to the Chinese
version, the first two, section 3 and 5 can be included
in documents submitted to the same time, the parties
agreed to cooperate in a foreign language versions.
Approval and ratification organs should receive
all the documents the date of a decision within 45
days to approve or not;
(8) the foreign investors to set up foreign-invested
enterprises throughout China. should the proposed
establishment of foreign-funded enterprises by the
seat of the county government above the county level
or to the approving authority applications and to
submit the following documents :
1. Applications for the establishment of foreign-funded
enterprises;
2. Feasibility studies;
3. Foreign statute;
4. Foreign legal representatives (or board candidate)
list;
5. Foreign investors in the legal documents and
credit certification documents;
6. The proposed establishment of foreign-funded
enterprises or county seat of the local people's governments
above the county level in a written reply.
7. Imports of goods inventories;
8. Other needs to submit the document.
The above documents must 1,3 Chinese writing; 2,4,5
documents can be used to write foreign language, it
should be asked by the Chinese.
Two or more foreign investors to apply to establish
foreign-funded enterprises common, it should be a
copy of the contract signed by the approving authority
for the record submitted.
It should be the approving authority for the establishment
of foreign-funded enterprises received all the documents
the date of a decision within 90 days to approve or
not.
Foreign investment projects of the contract, the
charter approved by the approving authority and presented
the certificate of approval after the project's approval
marks
The final completion. Foreign investment projects
of the parties to the contract should be approved
by the statute within 30 days of registration authorities
to register. a business license.
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