Business in China(CN)

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China releases regulation on implementing foreign investment law

The regulation encourages and promotes foreign investment via terms to protect the legitimate rights and interests of foreign investors, standardize the administration of foreign investment, improve the business environment as well as advance opening up to a higher level.

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China has unveiled a regulation on implementing the foreign investment law to better protect the legitimate rights and interests of foreign investors.

Premier Li Keqiang signed a State Council decree to publish the regulation. It will take effect on Jan. 1, 2020, the same day when the law becomes effective.

As a matching regulation to the foreign investment law, the regulation highlights the promotion and protection of foreign investment and details measures to ensure the effective implementation of the law.

The regulation encourages and promotes foreign investment via terms to protect the legitimate rights and interests of foreign investors, standardize the administration of foreign investment, improve the business environment as well as advance opening up to a higher level.

The regulation stipulates that foreign-invested enterprises will enjoy the same favorable policies as domestic companies, and will be treated equally in standard-setting and government procurement activities.

In addition, the regulation details measures to compensate foreign investors for requisition, ban forced technology transfer, protect business confidentiality as well as improve the mechanism for foreign-invested firms to file complaints.

The regulation clarifies the implementation mechanism of the negative list of foreign investment access and details registration and reporting system of foreign investment.

The regulation also stipulates investment policies for enterprises from Hong Kong, Macao and Taiwan, and legal responsibilities for violations of the regulation.

http://english.scio.gov.cn/m/chinavoices/2020-01/02/content_75570510.htm

Registration of foreign-funded companies in China

Documents required for registration of foreign-funded companies:

  1. Registration application form for companies;
  2. Branch companyโ€™s application for joining the group;
  3. Articles of association of the enterprise group;
  4. Certificate of being qualified as a legal person of the new member of the enterprise group;
  5. Parent companyโ€™s shareholding certificate or investment certificate issued by the member enterprise of the group;
  6. Approval document issued by the relevant authority;
  7. Other documents.

Documents and certificates required for business opening registration for foreign (Area) enterprises engaged in production and operating activities within the territory of China:

  1. Application for business opening registration for foreign (area) enterprise engaged in production and operating activities within the territory of China;
  2. Project contract;
  3. Approval documents or testimonial of the examination and approval authority;
  4. Legal business opening certificate of foreign (area) enterprise;
  5. Credit certificate of foreign (area) enterprise;
  6. Letter of appointment of principal signed by the president or general manager of foreign (area) enterprise;
  7. Capital verification report;
  8. Articles of association of the foreign (area) enterprise and list of members of its Board of Directors;
  9. Operation site (address) using certificate;
  10. Other related documents and certificates.

Documents for establishment registration of resident representative offices of foreign (region) enterprises:

  1. Establishment registration application form for resident representative offices of foreign (region) enterprises;
  2. Approval document issued by the relevant authority;
  3. Photocopy of the legal business certificate and the original credit certificate of the foreign enterprise;
  4. Appointment document of the (chief) representative of the resident representative office;
  5. Certificate of using the office domicile;
  6. Articles of association and the member list of the board of director of the foreign (region) enterprise;
  7. Other relevant documents and certificates.

Documents required for establishment registration of branches (administrative offices) of foreign-funded enterprise:

For registration of establishment of a branch of foreign-funded enterprises

  1. The establishment registration application form for a branch of foreign-funded enterprises signed by legal representative;
  2. Approval documents issued by the relevant authority;
  3. Articles of association signed by the legal representative;
  4. Photocopies of documents of appointment and identification issued by the company by a responsible person of the branch;
  5. Operation site using certificate;
  6. Photocopy of the duplicate of business license for the company (stamped with company seal);
  7. Pre-approval documents;
  8. Other relevant documents.

For establishment registration of branches (administrative offices) of foreign-funded enterprises (non-company):

  1. Establishment registration application form for a branch (administrative offices) of foreign-funded enterprises;
  2. Approval document issued by the relevant authority;
  3. Letter of notice issued by the original registration authority;
  4. Resolution made by the affiliated enterprise in accordance with laws;
  5. Documents of appointment by a responsible person;
  6. Operation site or address using certificate;
  7. Business license of the affiliated enterprise;
  8. Other relevant documents and certificates.

http://english.www.gov.cn/services/doing_business/2014/08/23/content_281474982978400.htm

NATIONAL DEVELOPMENT ZONES

http://govt.chinadaily.com.cn/index/regions/nationaldevelopmentzones

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