BIZCHINA / Investment
Procedures & Documents for Application of Foreign-Funded Enterprises
(xainvest.gov.cn)
Updated: 2006-05-18 10:13
Generally, application for enterprise projects of foreign investment is
processed in three major stages: Submitting and approval of the project
proposal, Submitting and approval of the contract and the law of
corporation, and Registration in the Administration of Industry &
Commerce. It is allowed a period of not more than five working days for
processing of each stage after receiving of all application documents by
the approval authorities. Beside, after registration in the
Administration of Industry & Commerce, the investors should also register
in various departments such as taxation, finance, foreign exchange
administration, Customs and shall apply for a legal person code
certificate.
����(I) Project Proposal Stage
����1. Examination and approval departments: Xi��an Municipal Development
and Reform Commission or the authorized departments of Xi��an Municipal
Government.
����2. Project proposal prepared as per regulated formal;
������Department in charge of the Chinese party shall submit the
feasibility study report (enterprises without a department in charge
shall report directly);
������Feasibility study report prepared as per regulated format (and
signed by all parties);
������Relevant Annex:
����A. The enterprise registration certificates of Chinese and foreign
investors (business license), commercial registration card and the newest
audited enterprise's financial statement including balance sheet,
profit-and-loss statement and cash flow statement, the credit that the
bank of deposit provides;)
����B. Letter of intent for investment signed by all parties, decision of
the board of directors about investment enlargement and merger project;
����C. Letter of intent for financing issued by the bank;
����D. Letter of appraisal of environmental influence issued by the
provincial-level or the State-level environmental protection
administrative departments;
����E. Proposal of site selection issued by the provincial-level planning
department;
����F. Pre-audit proposal of land utilization issued by the
provincial-level or the State-level land resources administration
departments;
G. Projects invested by the State-owned asset or land utilization right
need the relevant responsible departments to issue the affirmation.
������ Contents of Project Proposal
����A. Project name, term of management, basic information of investors;
����B. Construction scale of the project, main construction contents and
products, main technology and workmanship adopted, the target market of
the products, planned workers;
����C. Construction site, demand for land, water and energy and
resources, as well as the consumption of the main materials;
����D. Appraisal of environment influence;
����E. Price of the involved public products or services;
����F. Total investment, registered capital and each party��s investment,
form of investment and financing scheme, needed imported equipment and
amount;
����(II) Contract & Statute Stage
����1. Examination and approval departments: Xi��an Municipal Foreign
Trade and Economic Cooperation Bureau or the authorized departments of
Xi��an Municipal Government.
����2. Project proposal prepared as per regulated formal;
����1) Department in charge of the Chinese party shall submit the contact
and statute (enterprises without a department in charge shall report
directly);
����2) Contract and statute signed by authorized representative of each
party (including a list of equipments to be imported, and a list of
material investment etc.);
����3) Business license or other legal person certificate of each party;
����4) Financial certificate of the foreign party;
����5) Examination and approval document of project proposal;
����6) List of suggested board members appointed by each party including:
Letter of appointment of board directors from the Chinese party (with
resumes & ID certificates)
����Letter of appointment of board directors from the foreign party (with
ID certificates).
����7) Pre-audit registration letter of enterprise name issued by the
Administration of Industry & Commerce.
����8) Enterprise code issued by code office of Xi��an Municipal Quality
and Technical Supervision Bureau
����(III) Registration at the Administration of Industry & Commerce Stage
����1. Department of industrial and commercial registration: Xi��an
Municipal Industrial and Commercial Bureau or the authorized departments.
����2. Project proposal prepared as per regulated formal;
����1) Approval document and certificate for the contract and statute
produced by the approval authority;
����2),Approval document of project proposal, contract, and statute;
����3) Business license or other legal person certificate of each party;
����4) Financial certificate of the foreign party;
����5) List of board directors, appointment documents for directors,
general manager, deputy general manager and their ID certificates (and
resumes for the Chinese personnel);
����6) Use certificate of the lawful address of the enterprise;
����7) Application form signed by the chairman and vice-chairman of the
board;
����8) Pre-audit registration letter of enterprise name
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