Procedures
in Establishing Sino-Foreign Joint Ventures and Sino-Foreign Co-operative
Ventures
1. Conditions for establishment
In accordance with the laws and regulations of the People's
Republic of China foreign economic organizations or private businessmen
and Chinese companies willing to jointly establish a Sino-foreign joint
venture or Sino-foreign cooperative venture (hereinafter called a foreign
invested enterprise) shall apply for examination and approval to the related
industry administrative office and relevant office of the Cooperation
Department of Foreign Economic and Trade Commission as stipulated by the
industry and investment regulations. Beijing Foreign Investment Service
Center (hereinafter referred to as "the Center") is authorized to provide
the following services to the investors drawing up the necessary project
documents and to acting as an agent to handle the examination and approval
procedures.
2. Required documents and procedures
- Letter of intent signed by Chinese and foreign parties
(the Center can assist in drafting the letter)
- Project proposal (the Center can assist in drafting
the proposal
- Feasibility study report (including the companiesí backgrounds,
market analysis, economic study and forecast etc.)
- The copies of legal document sanctioning operations
of the Chinese and the foreign party in the country or region where
the companies operate. Private investors shall provide identity documents.
The Chinese party is obliged to provide the copy of the business license
with a stamp of the authority, which has issued it.
- Bank reference for the investor provided by the bank
of the country or region in which the investor operates. Reference
letter shall, among other information, state clearly the reputation
of the flexing capitals of the investor after the opening of the account.
The bank reference shall be signed by the person in charge or business
manager of the bank. The Chinese party shall submit the funds credibility
document issued by the higher financial authorities or letter of reference
provided by its bank. If the Chinese company is a limited liability
company it shall also submit the original of the same year assets evaluation
issued by a certified public accountants' firm
- The venture contract and the articles of association
(the Center can assist in drafting the documents)
- The original of credentials of members of the venture's
board of directors signed by the chairman of the board or the general
manager of the investing company.
- The resumes of the foreign members of the board of
directors including the education and the professional experience. The
foreign members of the board of directors shall also submit the copy
of the passports, the compatriots from Hong Kong and Macau SAR shall
submit the copy of returning home certificate.
- The copy of the lease agreement for the company's
office. Leasing period for the office shall be at least one year.
Fees:
The fee is 0.3 % of the total investment. The Center will be responsible
for handling all approval formalities involved. The procedures for obtaining
the business license last for two months.
For the investment projects of 500, 000 USD or less there is a flat service
fee.
The Center is responsible for handling of all the procedures involved
until the business license is obtained.
3. Other procedures
After receiving the business license the foreign invested enterprise shall
undergo the following procedures (the cost of each of the procedures is
850 RMB not including the fees collected by the government authorities
concerned).
- Apply to the Public Security Bureau for the official
chops (legal representative chop, enterprise chop, chop for use in financial
matters, contract chop, chop for use in contacts with customs office,
etc.)
- Register for the code certificate in the Technological
Supervision Bureau
- Register in the foreign exchange administration bureau.
- Open an account in the bank
- Register in the State Taxation Bureau
- Register in the local Taxation Bureau
- Register in Statistical Bureau
- Verification of the enterprise's capital (there is
a separate fee for that service)
- Register in customs authorities
- Register in Financial Bureau
- Register in local Industry and Commerce Bureau
- Register in local Labor Bureau
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