2.
What are the formalities for overseas investment to establish
enterprises in China? What departments are involved?
In accordance with the
existing laws of China, the establishment of enterprises with
foreign investment is subject to project-by-project examination,
approval and registration by the government. In general, the following
steps should be followed for the establishment of Chinese-foreign
equity joint ventures and Chinese-foreign contractual joint ventures:
l). Submit
the project proposal to the relevant department (planning department
or technological renovation administration) and get approval
before investors can proceed with various jobs centered round
the feasibility study of the project.
2). Submit the feasibility
study report to the planning department or technological renovation
administration and get approval before investors can sign legal
documents, such as the contract and articles of corporation
of the enterprise.
3). Submit the contract
and articles of corporation of the enterprise to the examination
and ratification department, who shall issue the Approval Certificate
for Enterprises with Foreign Investment after approval by the
Ministry of Foreign Trade and Economic Cooperation.
4). With the Approval
Certificate issued by the examination and ratification authorities,
the investors can go through registration procedures with the
administration of industry and commerce.
The procedures for
the establishment of enterprises with foreign investment are
quite simple. After the initial project application is approved
in writing by the examination and ratification authorities,
the investors may submit a formal application, with articles
of corporation and other required documents. On receipt of the
Approval Certificate, they can proceed with the registration
formalities by presenting the Approval Certificate.
In accordance with
China's existing laws, the state adopts a classification administrative
system for foreign investment. The provinces, municipalities,
autonomous regions and cities listed as independent units in
state plans have the authority to examine and approve investment
of less than US $30 million in areas encouraged and permitted
by the state. When an investment exceeds this amount, the project
application and feasibility study report shall be examined and
approved by the State Development Planning Commission or the
State Economic and Trade Commission, while the contract and
articles of corporation shall be examined and approved by the
Ministry of Foreign Trade and Economic Cooperation.
Many provinces, autonomous
regions and municipalities directly under the central government
have established foreign investment service centers, which offer
foreign investors with a one-stop service, ranging from legal
consultation to procurement of project approval. With the improvement
of China's social services system, intermediary service agents,
including consultation companies, lawyers, and accountants,
are all expected to provide investors with efficient and qualified
services.
For more information
and help please contact us at +0086-10-64632568 or send
us an email.
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