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The Examination and Approval of Establishment of the Foreign-invested Enterprise
2011/03/29     Source:

Summary Information of Process

Name of process or project

The examination and approval of establishment of the foreign-invested enterprisethe enterprise with an investment of over 50 million dollars or those not encouraged but permitted

Code of process or project

Q54321

Department

Provincial Economic and Technical Cooperation Bureau

Project types

Approval with a preceded examination

Basis of examination-approval and charge

1.REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE'S
REPUBLIC OF CHINA ON CHINESE-FOREIGN EQUITY JOINT VENTURES

2.RULES ON THE IMPLEMENTATION OF THE LAW OF PEOPLE'S REPUBLIC OF CHINA ON SINO-FOREIGN JOINT COOPERATIVE VENTURES

Requirements for declaration

Procedure of examination and approval

(1) Office of examination and approval’s acceptance and preliminary examination

(2) Submit to Provincial Economic and Technical Cooperation Bureau for approval

(3) Office of examination and approval makes a public notification and issues approval certificate.

Contents of materials for declaration

1, A. Joint venture and cooperative enterprise provides:(1Application documents that the Chinese joint venture and cooperation enterprise gives to the examination and approval authority of the city (state)Joint venture and cooperative projects in the restricted category with gross investment of more than 30 million dollars and joint venture and cooperative projects in the encouraged category with an investment of over 50 million dollars need to be examined by Provincial Economic and Technical Cooperation Bureauand the examination and approval authority of the city (state) needs to draft the document and report to Provincial Economic and Technical Cooperation Bureau)(If the Chinese party in the joint venture and cooperation enterprise is state-owned (or state-holding) or gross investment of its joint project exceeds 30 million dollars (including 30 million dollars)it needs to provide approval documents of the project approval issued by Provincial Development and Reform Commission.)(2Contract of joint venture;3Articles of joint venture;4If taking imported equipment as the form of investment, they need to provide the list of imported equipment.5Appointed documents that the corporate representative of joint venture gives to the agent of project;6Copy of identity certificate (I. D. card or passport) of the agent of project;7Name list of members of the board of directors of joint venture (Including the name of board members (enclosed brief resume), the position in the board of directors, the appointing party (the Chinese party or the foreign party), the number of identity certificate (I. D. card or passport) );(8Appointed documents of board members;9Copy of valid identity certificate (I. D. card or passport) of board members;10Copy of the business license of the Chinese party in the joint venture;11Copy of the business license of the foreign joint venture;12Account of Credit of the foreign party;(13If the amount of contribution of the Chinese party exceeds its registered capitalit needs to provide assets evaluation report of the Chinese party;(14Document of verification of joint venture (issued by Industrial and Commercial Administration);15Document of siting of joint venture (issued by Security Department);16 Copy of document of land use, document of real estate property or contract of property rental of joint venture;(17If it is the project with high energy consumption and high pollution (e.g. chemicals, metallurgy, papermaking), environment evaluation report and relevant documents of approvalissued by Environmental Protection Bureauare required.18Certificate of subject qualification or identity certificate of investor shall be notarized and authenticated by local notary public and Chinese consulate in the foreign country. The certificate of subject qualification or identity certificate of an investor from Hong Kong SAR, Macao SAR or Taiwan shall be accompanied by a notarial document of local notarial authority.

2, B. Foreign enterprises with 100% investment should provide:(1Application documents that the investor reports to the examination and approval authority (The solely-invested project with gross investment of more than 30 million dollars needs to be examined by Provincial Economic and Technical Cooperation Bureauand the examining and approval authority of the city (state) needs to draft the document and report to Provincial Economic and Technical Cooperation Bureau)(If gross investment of its exclusively foreign invested project is no less than 30 million dollars and also this project needs to be comprehensively balancedapproval documents of the project approval, issued by Provincial Development and Reform Commission, are required.)2Articles of sole proprietorship;3If taking imported equipment as the form of contribution, they need to provide the list of imported equipment.4Appointed documents that the corporate representative of sole proprietorship gives to the agent of project;5Copy of identity certificate (I. D. card or passport) of the agent of project;6Name list of members of the board of directors of sole proprietorship (including the name of board members (enclosed brief resume), the position in the board of directors, the appointing party (the Chinese party or the foreign party), the number of identity certificate (I. D. card or passport) );(7Appointed documents of board members;8Copy of valid identity certificate (I. D. card or passport) of board members;9Copy of the business license of the investor;10Credit certificate of the investor;11Document of verification of sole proprietorship (issued by Industrial and Commercial Department);12Document of siting of sole proprietorship (issued by Security Department);13Copy of document of land use, document of housing property or contract of housing rental of sole proprietorship;(14The certificate of subject qualification or identity certificate of an investor shall be notarized and authenticated by local notary public and local Chinese consulate. The certificate of subject qualification or identity certificate of an investor from Hong Kong, Macao or Taiwan Region shall be accompanied by a notarial document of local notarial authority.15If it is the project with high energy consumption and high pollution (e.g. chemicals, metallurgy, papermaking), the environment evaluation report and relevant documents of approvalissued by Environmental Protection Bureauare required.

3, All the above documents need to be compiled into file directory and be bound into volumesand need to be provided in triplicates, including an original and two photocopies. Also an original is required if there aren’t copies attached.

Time limit for commitment

Seven days

Charging standard

0 yuan (Provincial Economic and Technical Cooperation Bureau)

Quantity limit

No limit

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