Guidebook Series for Investing in China - Second Edition
Published By : Access China Management Consulting Published Date : 2013-05-13 Category : Country Report Sub Category : China No. of Pages : 1612

Abstract

Guidebook Series for Investing in China represent the detailed guidance of practical operation and a comprehensive and thorough knowledge of the latest Chinese laws and administrative regulations for application and approval of establishment registration, foreign investment projects and business scope for foreign investment enterprise to guide foreign companies and investors step by step to achieve a successful entry into the Chinese lucrative market and a low cost manufacturing base

Preface

Access China Management Consulting Ltd has worked hard to the second edition of the Guidebook Series for Investing in China in order to deal with the latest revised most key regulation, Catalogue for the Guidance of Foreign Investment Industries, which determines the license of industrial access for foreign companies and investors entry into the Chinese lucrative market and low cost manufacturing base.

Guidebook Series for Investing in China published by Access China Management Consulting Ltd provide detailed guidance of practical operation on how to apply for and secure approval from China's complex registration, investment project and business scope examination process for foreign investment enterprises. Guidebook Series for Investing in China are unique, comprehensive and thorough guidebooks for foreign companies and investors to achieve a successful entry into the Chinese lucrative market and a low cost manufacturing base.

China is one of the fastest growing global economies. It has achieved and maintained an annual compound growth rate of GDP well above 9% since the 1980s. China has become the second largest economic entity in the world by 2010. It can be expected to China is one of places attracting foreign companies and investors around the world in the foreseeable future.

The first obstacle faced by foreign companies and investors is how to file the application for establishment registration of foreign investment enterprise, how to pass through application and approval for investment projects and business scope. This is involved with not only various Chinese laws and administrative regulations but also various Chinese government authorities.

In China, government authorities administer and control the process of application and approval for establishment registration of foreign investment enterprise, and investment project and business scope by exorbitant administrative measures and regulations, moreover, these exorbitant administrative regulations are variable and lack of transparency. The legal procedure of setting up a foreign investment enterprise in China, unlike in Western countries, requires comparatively complex documents. Lack of knowledge of the Chinese laws and administrative regulations, and the cultural difference between China and Western countries as well as the language barriers will increase the challenge faced by foreign companies and investors. Therefore, a detailed guidance of practical operation and a comprehensive and thorough knowledge of the latest Chinese laws and regulations have been become an essential prerequisite for foreign companies and investors to achieve a successful entry into the Chinese lucrative market and a low cost manufacturing base. With over 30 years professional experience engaging managements and consulting services specifically designed to provide foreign companies and investors a virtual gateway to enter such a lucrative market and a low cost

Access China Management Consulting Ltd. has worked hard to the second edition of the Guidebook Series for Investing in China in order to deal with the latest revised most key regulation, Catalogue for the Guidance of Foreign Investment Industries, which determines the license of industrial access for foreign companies and investors entry into the Chinese lucrative market and low cost manufacturing base.

Guidebook Series for Investing in China published by Access China Management Consulting Ltd provide detailed guidance of practical operation on how to apply for and secure approval from China's complex registration, investment project and business scope examination process for foreign investment enterprises. Guidebook Series for Investing in China are unique, comprehensive and thorough guidebooks for foreign companies and investors to achieve a successful entry into the Chinese lucrative market and a low cost manufacturing base.

China is one of the fastest growing global economies. It has achieved and maintained an annual compound growth rate of GDP well above 9% since the 1980s. China has become the second largest economic entity in the world by 2010. It can be expected to China is one of places attracting foreign companies and investors around the world in the foreseeable future.

The first obstacle faced by foreign companies and investors is how to file the application for establishment registration of foreign investment enterprise, how to pass through application and approval for investment projects and business scope. This is involved with not only various Chinese laws and administrative regulations but also various Chinese government authorities.

In China, government authorities administer and control the process of application and approval for establishment registration of foreign investment enterprise, and investment project and business scope by exorbitant administrative measures and regulations, moreover, these exorbitant administrative regulations are variable and lack of transparency. The legal procedure of setting up a foreign investment enterprise in China, unlike in Western countries, requires comparatively complex documents. Lack of knowledge of the Chinese laws and administrative regulations, and the cultural difference between China and Western countries as well as the language barriers will increase the challenge faced by foreign companies and investors. Therefore, a detailed guidance of practical operation and a comprehensive and thorough knowledge of the latest Chinese laws and regulations have been become an essential prerequisite for foreign companies and investors to achieve a successful entry into the Chinese lucrative market and a low cost manufacturing base. With over 30 years professional experience engaging managements and consulting services specifically designed to provide foreign companies and investors a virtual gateway to enter such a lucrative market and a low cost manufacturing base, our many overseas colleagues and friends earnestly hope us work out a package of the Guidebook Series for Investing in China. Under such circumstance, Access China Management Consulting Ltd published the Guidebook Series for Investing in China. The aim of this guidebook series is to guide foreign companies and investors to achieve a successful entry into the Chinese lucrative market and a low cost manufacturing base.

This guidebook series will be composed of four guidebooks as the following:

Invest in China: A Guidebook for Application and Approval of Establishment Registration for Foreign Investment Enterprises
Collection of Chinese Laws and Administrative Regulations for Application and Approval of Establishment Registration for Foreign Investment Enterprises
Invest in China: A Guidebook for Application and Approval of Foreign Investment Projects and Business Scope
Collection of Chinese Laws and Administrative Regulations for Application and Approval of Foreign Investment Projects and Business Scope
In this guidebook series, foreign companies and investors can easily find out every answer that they will meet question during process of application and approval for establishment registration of foreign investment enterprise, and investment project and business scope. This guidebook series provide not only a comprehensive and thorough knowledge of the latest Chinese laws and administrative regulations for application and approval of establishment registration for foreign investment enterprise, and investment project and scope, but also the practical operation of application for examination and approval of establishment registration for foreign investment enterprise, and investment project and scope to guide foreign companies and investors step by step to achieve a successful entry into the Chinese lucrative market and a low cost manufacturing base. Moreover, the various fascicles of the guidebook series represent many useful resources of law and regulations.

Guidebook Highlights:

Guidebook 1 - Invest in China: A Guidebook for Application and Approval of Establishment Registration for Foreign Investment Enterprises

An overview of the macro-economic background and investment environment in China.
An organizational chart of authorized agencies and administrative bodies for registration of foreign investment enterprises.
The framework and categorization of applicable Chinese laws and administrative regulations, including departmental regulations and rules for registration of foreign investment enterprises.
The classification of foreign investment enterprises in China, with the various liabilities, capital requirements, and laws and regulations faced by particular categories of business organization.
An entire procedure for application and approval of company registration, foreign investment projects and business scope for a foreign investment enterprise in China.
The entire set of application forms in Chinese with English translations to facilitate understanding.
The guidance of practical operation for application and approval of registration for foreign investment enterprises.
Insightful tips and suggestions for foreign companies and investors looking to achieve a successful registration application.
Guidebook 2 - Collection of Chinese Laws and Administrative Regulations for Application and Approval of Establishment Registration for Foreign Investment Enterprises

The full text in English of the latest in effective Chinese laws, administrative regulations and rules for registration of Foreign Investment Enterprises.
The full framework and categorization of applicable Chinese laws, administrative regulations, and departmental regulations and rules for registration of Foreign Investment Enterprises.
Together, the combined Guidebook 1 of the Invest in China series will enable readers to negotiate the complex application and approval of registration process smoothly and step-by-step.
Guidebook 3 - Invest in China: A Guidebook for Application and Approval of Foreign Investment Projects and Business Scope

An organizational chart of the government authorities for examination and approval of foreign investment projects and business scope for foreign investment enterprises.
The full framework and categorization of applicable Chinese laws, administrative regulations, and departmental regulations and rules for foreign investment projects and business scope of Foreign Investment Enterprises.
The practical operation for application and approval of foreign investment projects, from preparing comparatively complex documents to applying for examination and approval, to guide investors step by step to go through the approval of the Chinese government authorities.
The practical operation for application and approval of business scope for foreign investment enterprise in manner for case by case, which covered Chinese authorities license foreign investors to access all four fields with 38 industrial sectors until now, to guide foreign investors step by step to go through the approval of the Chinese government authorities.
Insightful tips and suggestions for foreign companies and investors looking to achieve a successful application and approval for foreign investment projects and business scope.
Guidebook 4 - Collection of Chinese Laws and Administrative Regulations for Application and Approval of Foreign Investment Projects and Business Scope

The full text in English of the latest in effective Chinese laws, administrative regulations and rules for foreign investment projects and scope business of Foreign Investment Enterprises, which represented 66 laws, administrative regulations and rules, and departmental regulations and rules involving with all manufacturing industries and all four fields of non-manufacturing industries with 38 industrial sectors that Chinese authorities license foreign investors to access until now.
The full framework and categorization of applicable Chinese laws, administrative regulations, and departmental regulations and rules for foreign investment projects and scope business of Foreign Investment Enterprises.
Together, the combined Guidebook 3 of the Invest in China series will enable readers to negotiate the complex application and approval of foreign investment projects and scope business smoothly and step-by-step.

Guidebook - 1

Preface

Chapter 1. Executive Summary

Chapter 2. An Overview of Macro-Economic Background and Investment Environment

Figure 2.1. China's GDP Growth
Figure 2.2. Foreign Investors Actually Contributed Total Amount of Foreign Investment
Figure 2.3. The Number of Registered Foreign Investment Enterprises
Figure 2.4. Foreign Investment Enterprises Contributed Total Investment, Registered Capital, and Foreign Investors Contributed Capital
Figure 2.5. China's Imports and Exports Growth
Figure 2.6. China's Population
Figure 2.7. China's Graduates from Universities & Colleges, and from Technical Schools
Figure 2.8. China's Graduates Returned form Abroad
Figure 2.9. China's Employed Labor Force
Figure 2.10. China's Employed Persons in Foreign Investment Enterprises
Figure 2.11. China's Unemployed Labor Force in Urban Areas
Figure 2.12. China's Totally Annual Average Wage of Labor Force
Table 2.1. The Industrial Distribution of Foreign Investment Enterprises Operating in China by 2009
Chapter 3. Organization of Administration for Industry and Commerce

Figure 3.1. The Organization of State Administration for Industry and Commerce
Figure 3.2. Organizational Chart of Administration for Industry and Commerce
Chapter 4. Applicable Laws, Administrative Regulations and Departmental Rules

4.1. Chinese Legislation
4.2. Evolution of Laws, Administrative Regulations and Rules and Departmental Regulations and Rules
4.3. Applicable Laws, Administrative Regulations and Rules, and Departmental Regulations and Rules
Table 4.1. Effective Laws, Regulations and Rules for application and approval of establishment registration of foreign investment enterprises based on authority
Table 4.2. Effective Laws, Regulations and Rules for application and approval of establishment registration of foreign investment enterprises based on function and organization form of foreign investment enterprises
Chapter 5. Classification of Foreign Investment Enterprises

5.1. Brief Introduction
5.2. Classification of Foreign Investment Enterprises
5.2.1. Wholly Foreign-owned Enterprises
5.2.2. Sino-Foreign Equity Joint Ventures
5.2.3. Sino-Foreign Contractual Joint Ventures
5.2.3.1. Sino-Foreign Contractual Joint Ventures with Chinese legal person status
5.2.3.2. Sino-Foreign Contractual Joint Ventures without Chinese legal person status
5.2.4. Foreign-funded Partnership Enterprise
5.2.4.1. The General Partnership Enterprise
5.2.4.2. The Limited Partnership Enterprise
5.2.5. The Resident Offices of Foreign Enterprises
Chapter 6. Procedures for Application and Approval of Establishment Registration for Foreign Investment Enterprises

6.1. General Procedure for Application and Approval of Establishment Registration for Foreign Investment Enterprises
Figure 6.1. General Procedure for Application and Approval of Establishment Registration for a Foreign Investment Enterprise
6.2. Essential Knowledge for Registration Application
6.2.1. Organization Form of Company and Registered Capital
6.2.1.1. General “Limited Liability Company”
6.2.1.2. One-person Limited Liability Company
6.2.1.3. Joint Stock Limited Company
6.2.1.4. Foreign-funded limited liability Company and Joint Stock Limited Company
6.3. Practical Operation for Registration Application of Foreign-funded Company and (Non Company) Foreign-funded Enterprise
6.3.1. Application for Pre-Approved Name
6.3.1.1. Enterprise Name
6.3.1.2. Application for Pre-Approved Name
Table 6.3.1.2. Application for Pre-Approved Name of Foreign-funded Enterprise
6.3.2. Application for Verification, Examination and Approval of Foreign Investment Projects and Business Scope
6.3.2.1. Application for Verification and Approval of Foreign Investment Projects
6.3.2.2. Application for Examination and Approval of Business Scope
6.3.3 Application for Approval of Establishment Registration
6.3.3.1. Application for Approval of Establishment Registration of foreign-funded Limited Liability Company
Table 6.3.3.1. Application for Establishment Registration of Foreign-funded Company
6.3.3.2. Application for Approval of Establishment Registration of foreign-funded Joint Stock Limited Company
6.3.3.3. Application for Approval of Establishment Registration of (Non-Company) Foreign-funded Enterprise
Table 6.3.3.2. Application Form for Establishment Registration of (Non-Company) Foreign-funded Enterprise
6.4. Practical Operation for Registration Application of Foreign-funded Partnership Enterprise
6.4.1. Application for Pre-Approved Name
Table 6.4.1. Application for Pre-Approved Name of Foreign-funded Partnership Enterprise
6.4.2. Application for Verification, Examination and Approval of Foreign Investment Projects and Business Scope
6.4.3. Application for Approval of Establishment Registration
Table 6.4.3. Application for Establishment Registration of Foreign-funded Partnership Enterprise
6.5. Application for Approval of Resident Offices of Foreign Enterprises
6.5.1. Procedure of Prior Approval
6.5.2. Application for Approval of Establishment Registration of Resident Offices for Foreign Enterprises
Table 6.5.2. Application for Establishment Registration of Resident Offices of Foreign (Region) Enterprise
Chapter 7. Conclusion and Suggestions

Chapter 8. Appendices

Guidebook - 2

Preface

Chapter 1. Executive Summary

Chapter 2. Applicable Laws, Administrative Regulations and Departmental Rules

2.1. Chinese Legislation
2.2. Evolution of Laws, Administrative Regulations and Rules and Departmental Regulations and Rules
2.3. Applicable Laws, Administrative Regulations and Rules, and Departmental Regulations and Rules
Table 2.1. Effective Laws, Regulations and Rules for application and approval of establishment registration of foreign investment enterprises based on authority
Table 4.2. Effective Laws, Regulations and Rules for application and approval of establishment registration of foreign investment enterprises based on function and applicable organization form
Chapter 3. Applicable Laws and Administrative Regulations

3.1. The Company Law of the People's Republic of China (Amended in 2005)
3.2. Applicable Laws and Administrative Regulations for Sino-Foreign Equity Joint Ventures
3.2.1. The Law of Sino-Foreign Equity Joint Ventures of the People's Republic of China (Revised in 2001)
3.2.2. Regulations for the Implementation of the Law of Sino-Foreign Equity Joint Ventures (Revised in 2001)
3.3. Applicable Laws and Administrative Regulations for Sino-Foreign Contractual Joint Ventures
3.3.1. The Law of Sino-Foreign Contractual Joint Ventures of the People's Republic of China (Revised in 2000)
3.3.2. Detailed Rules for the Implementation of the Law of Sino-Foreign Contractual Joint Ventures of the People's Republic of China
3.4. Applicable Laws and Administrative Regulations for Wholly-Foreign Owned Enterprises
3.4.1. The Law of Wholly-Foreign Owned Enterprises of the People's Republic of China (Revised in 2000)
3.4.2.Detailed Rules for the Implementation of the Law of Wholly-Foreign Owned Enterprises of the People's Republic of China (Revised in 2001)
3.5. Applicable Laws and Administrative Regulations for Foreign-funded Partnership Enterprises
3.5.1. The Law of Partnership Enterprise of the People's Republic of China (Amended in 2006)
3.5.2. Administrative Measures for the Establishment of Partnership Enterprises within China by Foreign Enterprises or Individuals
3.5.3. Regulations for Administration of the Registration of Foreign-funded Partnership Enterprises
3.5.4. Measures for Administration of Partnership Enterprise Registration of the People's Republic of China (Revised in 2007)
3.6. Applicable Administrative Regulations for Resident Offices of Foreign Enterprises
3.6.1. Regulations on Administration of Registration of Resident Offices of Foreign Enterprises ( Amended in 2010)
3.7. Applicable Administrative and Departmental Regulations and Rules of Administration for Industry and Commerce
3.7.1. Regulations of the Administration of Company Registration of the People's Republic of China ( Amended in 2005)
3.7.2. Regulations on Administration of the Registration of Enterprises as Legal Persons of the People's Republic of China (Revised in 1988)
3.7.3. Provisions on Administration of Enterprise Name Registration (Revised in 1991)
3.7.4. Measures for the Implementation of Administration of Enterprise Name Registration ( Amended in 2004)
3.7.5. Administration of Registration of the Scope of Business of Enterprises Provisions
3.7.6. Procedure for Enterprise Registration Provisions
3.7.7. Administrative Provisions on the Registration of Companies' Registered Capital (Revised in 2005)
3.7.8. Rules for the Registration Administration of Legal Representatives of Legal Entities (Revised in 1999)
3.7.9. Interim Provisions of the State Administration of Industry and Commerce Concerning the Proportion of registered capital and total amount of investment for Chinese-foreign equity joint ventures
3.7.10. Executive Opinions on Some Issues Concerning the Application of Law Governing the Examination, Approval and Registration of Foreign-funded Companies
3.8. Applicable Departmental Regulations and Rules of Verification and Approval for Foreign Investment Projects
3.8.1. Catalogue for the Guidance of Foreign Investment Industries (Amended in 2011)
3.8.2. Catalogue of Advantaged Industries for Foreign Investment in the Central-Western Region (Amended in 2008)
3.8.3. Interim Measures for the Administration of Verification and Approving Foreign Investment Projects
Guidebook - 3

Preface

Chapter 1. Executive Summary

Chapter 2. Organization of Application and Approval for Foreign Investment Projects and Business Scope

2.1. Government Authorities for Application and Approval for Foreign Investment Projects
2.1.1. Development and Reform Authorities
Figure 2.1.1. Organizational Chart of Development and Reform Authorities
2.1.2. Commerce Authorities
Figure 2.1.2. Organizational Chart of Commerce Authorities
2.2. Government Authorities for Application and Approval for Business Scope
Chapter 3. Entire Process of Setting up a Foreign Investment Enterprise

Figure 3. Entire Process of Setting up a Foreign Investment Enterprise
Chapter 4. Applicable Laws, Administrative Regulations and Departmental Rules for Foreign Investment Projects and Business Scope

4.1. Chinese Legislation
4.2. Applicable Laws, Administrative Regulations and Rules, and Departmental Regulations and Rules
Table 4.1. Applicable Laws, Regulations and Rules for Application and Approval of Investment Projects for Foreign Investment Enterprises in Effective
Table 4.2. Applicable Laws, Regulations and Rules for Application and Approval of Business Scope for Foreign Investment Enterprises in Effective
Chapter 5. Application for Verification and Approval of Foreign Investment Projects

5.1. Competent Authorities and Authority Limitation for Verification and Approval of Foreign Investment Projects
5.2. Procedures for Verification and Approval of Foreign Investment Projects
5.2.1. Procedures for Projects Subject to Verification and Approval of the National Development and Reform Commission and the State Council
5.2.2. Procedures for Projects Subject to Verification and Approval of the Development and Reform Departments at Provincial Level
5.2.3. Procedures for Project Subject to Verification and Approval of the Development and Reform Departments of Cities or Counties
5.3. Project Application Report and Documents for Verification and Approval
5.4. Preparation for Project Application Report and Documents of Verification and Approval
Figure 5.4. An Overall Process for Preparation of Documents and Procedures of Verification and Approval
5.5. Verification and Approval Conditions and Effectiveness
5.6. Examination and Approval of Foreign Investment Enterprises with Investment Projects for Commerce Authorities
5.6.1 Competent Commerce Authorities and Authority Limitation for Examination and Approval of Foreign Investment Enterprises with Investment Projects
5.6.2. Documents and Time Limitation for Examination and Approval of Foreign Investment Enterprises with Investment Projects
Chapter 6. Application for Examination and Approval of Business Scope

6.1. Preparatory Knowledge for Application and Approval of Business Scope
6.2. Application for Examination and Approval of Foreign Investment in Financial Fields
6.2.1. Application for Examination and Approval of Establishment for Foreign-invested Banks
6.2.2. Application for Examination and Approval of Establishment and Business Scope for Foreign-invested Insurance Companies
6.2.3. Application for Examination and Approval of Establishment and Business Scope for Foreign-invested Investment Companies
6.2.4. Application for Examination and Approval of Establishment and Scope Business for Foreign-shared Securities Companies
6.2.5. Application for Examination and Approval of Establishment and Business Scope for Foreign-capital Lease Companies
6.2.6. Application for Examination and Approval of Establishment and Business Scope for Foreign-invested Guarantee Companies
6.2.7. Application for Examination and Approval of Establishment and Business Scope for Foreign-funded Business-starting Investment Enterprises and Business-starting Investment Management Enterprises
6.2.7.1. Application for Examination and Approval of Establishment for Foreign-funded Business-Starting Investment Enterprise
6.2.7.2. Application for Examination and Approval of Establishment for Foreign-funded Business-Starting Investment Management Enterprise
6.2.8. Application for Examination and Approval of Establishment and Business Scope for Sino-foreign Equity Joint Securities Investment Fund Management Company
6.3. Application for Examination and Approval of Foreign Investment in Commercial Fields
6.3.1. Application for Examination and Approval of Establishment and Scope Business for foreign-funded commercial enterprises
6.3.2. Application for Examination and Approval of Establishment and Publications Business Permit for Foreign-invested Books, Newspapers, Magazines and Audio-video Products Distribution Enterprises
6.3.3. Application for Examination and Approval of Establishment and Business Scope for Foreign-invested Automobile Distribution Enterprises
6.3.4. Application for Examination and Approval of Establishment and Refined Oil Business License for Foreign-invested Refined Oil Distribution Enterprises
6.3.5. Application for Examination and Approval of Establishment and Pharmaceutical Trade License for Foreign-invested Drug Distribution Enterprises
6.3.6. Application for Examination and Approval of Establishment for Foreign-invest Auction Companies
6.3.7. Application for Examination and Approval of Establishment for Foreign-invested Direct Selling Enterprises
6.4. Application for Examination and Approval of Foreign Investment in Service Fields
6.4.1. Application for Examination and Approval of Establishment for Foreign-invested Telecommunications Enterprises
6.4.2. Application for Examination and Approval of Establishment and Scope Business for Foreign-invested Aviation Enterprises
6.4.3. Application for Examination and Approval of Establishment for Foreign-invested International Freight Forwarding Agent Enterprises
6.4.4. Application for Examination and Approval of Establishment for Foreign-invested Railway Freight Transport Enterprises
6.4.5. Application for Examination and Approval of Establishment for Foreign-invested Road Transport Enterprises
6.4.6. Application for Examination and Approval of Establishment for Foreign-invested International Maritime Transportation Enterprises
6.4.7. Application for Examination and Approval of Establishment for Foreign-invested Travel Agencies
6.4.8. Application for Examination and Approval of Establishment for Foreign-invested Urban Planning Services Enterprises
6.4.9. Application for Examination and Approval of Establishment for Foreign-invested Construction Design Enterprises
6.4.10. Application for Examination and Approval of Establishment for Foreign-invested Construction Enterprises
6.4.11. Application for Examination and Approval of Establishment for Foreign-invested Cinemas Enterprises
6.4.12. Application for Examination and Approval of Establishment for Foreign-invested Movie Production Companies
6.4.13. Application for Examination and Approval of Establishment for Foreign-invested Meeting and Exhibition Companies
6.4.14. Application for Examination and Approval of Establishment for Foreign-invested Job Intermediary Institution
6.4.15. Application for Examination and Approval of Establishment for Foreign-invested Commodities Inspection and Authentication Institutions
6.4.16. Application for Examination and Approval of Establishment for Foreign-invested Advertising Enterprises
6.4.17. Application for Examination and Approval of Establishment for Foreign-invested Printing Enterprises
6.4.18. Application for Examination and Approval of Establishment for Sino-foreign Co-operative Accounting Firms
6.4.19. Application for Examination and Approval of Establishment for Foreign-invested Commercial Performance Organizations
6.4.20. Application for Examination and Approval of Establishment for Sino-Foreign Joint Venture and Cooperative Medical Institutions
6.5. Application for Examination and Approval of Foreign Investment in Mineral Resources Exploration and Exploitation Fields
6.5.1. Application for Examination and Approval of Establishment for Foreign-Invested Mineral Exploration Enterprises
6.5.2. Application for Examination and Approval of Establishment for Sino-foreign Cooperation Onshore Petroleum Resources Exploration Enterprises
6.5.3. Application for Examination and Approval of Establishment for Sino-foreign Cooperation Offshore Petroleum Resources Exploration Enterprises
Chapter 7. Conclusion and Suggestions

Guidebook - 4

Preface

Chapter 1. Executive Summary

Chapter 2. Applicable Laws, Administrative Regulations and Departmental Rules for Foreign Investment Projects and Business Scope

2.1. Chinese Legislation
2.2. Applicable Laws, Administrative Regulations and Rules, and Departmental Regulations and Rules
Table 2.1. Applicable Laws, Regulations and Rules for Application and Approval of Investment Projects for Foreign Investment Enterprises in Effective
Table 2.2. Applicable Laws, Regulations and Rules for Application and Approval of Business Scope for Foreign Investment Enterprises in Effective
Chapter 3 Applicable Laws and Administrative Regulations for Application and Approval of Foreign Investment Projects and Business Scope

3.1. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign Investment Projects
3.1.1. Notice of the National Development and Reform Commission on Delegating Powers on Approval of Foreign Investment Projects to Authorities at Lower Levels
3.1.2. Circular of the Ministry of Commerce on Delegating Approval Authority over Foreign Investment to Local Counterparts
3.1.3. Catalogue for the Guidance of Foreign Investment Industries (Amended in 2011)
3.1.4. Catalogue of Advantaged Industries for Foreign Investment in the Central-Western Region (Amended in 2008)
3.1.5. Interim Measures for the Administration of Verification and Approving Foreign Investment Projects
3.1.6. Measures for Administration of Preliminary Review of Land Use for Construction Projects (Amended 2008)
3.1.7. Law of the People's Republic of China on Appraising of Environment Impacts
3.1.8. Regulations on Graded Examination and Approval of Environmental Impact Assessment Documents of Construction Projects
3.1.9. Interim Regulations on Energy Efficiency Assessment and Examination with Respect to Fixed-Asset Investment Projects
3.1.10. Administrative Provisions on the Registration of Company's Registered Capital
3.1.11. Interim Provisions of the State Administration for Industry and Commerce Concerning the Proportion of registered capital and total amount of investment for Chinese-foreign equity joint ventures
3.2. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Business Scope
3.2.1. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign Investment in Financial Fields
3.2.1.1. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Banks
3.2.1.1.1. The Regulations on the Administration of Foreign-invested Banks of the People's Republic of China
3.2.1.1.2. The Detailed Rules for the Implementation of the Regulations on the Administration of Foreign-invested Banks of the People's Republic of China
3.2.1.2. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Insurance Companies
3.2.1.2.1. The Administrative Regulation of Insurance Companies with Foreign Investment of the People's Republic of China
3.2.1.2.2. The Detailed Rules for the Implementation of the Administrative Regulation on Foreign-funded Insurance Companies of the People's Republic of China
3.2.1.3. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Investment Companies
3.2.1.3.1. The Provisions on the Establishment of Investment Companies by Foreign Investors
3.2.1.3.2. The Supplementary Provisions to the Provisions on the Establishment of Investment Companies by Foreign Investors
3.2.1.4. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-shared Securities Companies
3.2.1.4.1.The Securities Law of the People's Republic of China (revised 2005)
3.2.1.4.2. The Rules for Setting up of Foreign-shared Securities Companies (Amended 2007)
3.2.1.5. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-capital Lease Companies
3.2.1.5.1. The Measures for the Administration of Foreign-capital Lease Industry
3.2.1.6. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Guarantee Companies
3.2.1.6.1. The Guidelines for Approval of Foreign Investors to Invest in the Guarantee Industry
3.2.1.7. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-funded Business-starting Investment Enterprises and Business-starting Investment Management Enterprises
3.2.1.7.1. The Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises
3.2.1.8. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Sino-foreign Equity Joint Securities Investment Fund Management Company
3.2.1.8.1. The Measures for the Administration of Securities Investment Fund Management Companies
3.2.2. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign Investment in Commercial Fields
3.2.2.1. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-funded Commercial Enterprises
3.2.2.1.1. The Measures for the Administration on Foreign Investment in Commercial Fields
3.2.2.2. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Books, Newspapers, Magazines and Audio-video Products Distribution Enterprises
3.2.2.2.1. The Provisions on the Administration of Publications Market
3.2.2.3. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Automobile Distribution Enterprises
3.2.2.3.1. The Implementing Measures on Management of Automobile Brand Marketing
3.2.2.3.2. The Archival-filing Materials for Project Application of Measures for the Implementation of the Administration of Automobile Brand Sales
3.2.2.4. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Refined Oil Distribution Enterprises
3.2.2.4.1. The Measures for the Administration of the Refined Oil Market
3.2.2.5. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Drug Distribution Enterprises
3.2.2.5.1. The Measures for the Administration of Pharmaceutical Trade License
3.2.2.6. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invest Auction Companies
3.2.2.6.1. The Measures for the Administration of Auctions
3.2.2.7. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Direct Selling Enterprises
3.2.2.7.1. The Regulations on Direct Selling Administration
3.2.3. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign Investment in Service Fields
3.2.3.1. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Telecommunications Enterprises
3.2.3.1.1. The Provisions on the Administration of Telecommunications Enterprises with Foreign Investment (Amended 2008)
3.2.3.1.2. The Telecommunications Regulation of the People's Republic of China
3.2.3.2. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Aviation Enterprises
3.2.3.2.1. The Provisions on Foreign Investment in Civil Aviation
3.2.3.2.2. The Supplementary Provisions No.1 to 5 for the Provisions on Foreign Investment in the Civil Aviation Industry
3.2.3.3. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested International Freight Forwarding Agent Enterprises
3.2.3.3.1. The Measures Governing Foreign-funded International Freight Forwarding Agent Enterprises
3.2.3.4. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Railway Freight Transport Enterprises
3.2.3.4.1. The Interim Measures on Examination, Approval and Administration of Railway Freight Transport Industry Invested by Foreigners
3.2.3.5. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Road Transport Enterprises
3.2.3.5.1. The Provisions on the Administration of Road Transport Services with Foreign Investment
3.2.3.5.2. The Supplementary Provisions on the Administration of Foreign Investment in Road Transport Sector
3.2.3.6. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested International Maritime Transportation Enterprises
3.2.3.6.1. The Provisions on Administration of Foreign Investment in International Maritime Transportation
3.2.3.6.2. The Regulations of the People's Republic of China on International Ocean Shipping
3.2.3.6.3. The Implementing Rules of the Regulations of the People's Republic of china on International Maritime Transportation
3.2.3.6.4. The Interim Measures for the Examination and Approval of Wholly Foreign-funded Shipping Companies
3.2.3.7. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Travel Agencies
3.2.3.7.1. The Regulation on Travel Agencies
3.2.3.7.2. The Detailed Rules for Implementation of Regulation on Travel Agencies
3.2.3.7.3. The Tentative Measures for Supervising Pilot Operation of Overseas Tourism Business by Sino-foreign Joint Venture Travel Agencies
3.2.3.8. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Urban Planning Services Enterprises
3.2.3.8.1. The Provisions on the Administration of Urban Planning Service Enterprise with Foreign Investment
3.2.3.9. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Construction Design Enterprises
3.2.3.9.1. The Regulations on Foreign-invested Construction Design Enterprises
3.2.3.9.2. The Detailed Rules for the Implementation of the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises
3.2.3.10. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Construction Enterprises
3.2.3.10.1. The Regulations on Construction Enterprises with Foreign Investment
3.2.3.10.2. The Implementation Measures of the Ministry of Construction on Qualification Administration in the Administrative Provisions on Enterprise Management of Construction Enterprises with Foreign Investment
3.2.3.11. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Cinemas Enterprises
3.2.3.11.1. The Provisional Regulation on Investment in Cinemas by Foreign Investors
3.2.3.12. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Movie Production Companies
3.2.3.12.1. The Interim Provisions on Operation Qualification Access for Movie Enterprises
3.2.3.13. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Meeting and Exhibition Companies
3.2.3.13.1. The Interim Provisions Concerning Establishment of Meeting and Exhibition Company on Foreign Businessman Investment
3.2.3.14. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Job Intermediary Institutions
3.2.3.14.1. The Interim Provisions on the Administration of Chinese-foreign Joint Venture and Chinese-foreign Cooperative Job Intermediary Institutions
3.2.3.14.2. The Interim Provisions Concerning the Management of Chinese-foreign Joint Job Intermediaries
3.2.3.15. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Commodities Inspection and Authentication Institutions
3.2.3.15.1. The Measure for the Administration of Inspection and Authenticating Institutions on Import and Export Goods
3.2.3.16. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Advertising Enterprises
3.2.3.16.1. The Provisions on the Administration of Foreign-invested Advertising Enterprises
3.2.3.17. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Printing Enterprises
3.2.3.17.1. The Interim Provisions on the Establishment of Printing Enterprises with Foreign Investment
3.2.3.18. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Sino-foreign Co-operative Accounting Firms
3.2.3.18.1. The Administration of Sino-foreign Co-operative Accounting Firms Tentative Procedures
3.2.3.19. Applicable Laws, Administrative Regulations and Departmental Rules for Application and Approval of Foreign-invested Commercial Performance Organizations
3.2.3.19.1. The Regulation on the Administration of Commercial Performances
3.2.3.19.2. The Detailed Rules for the Implementation of the Regulation

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