Provisions of Guangzhou Municipality on the Administration of Examination and Approval of Foreign-invested Enterprises

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures, the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures, the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures and the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures, and in light of the actual situation of this Municipality. Article 2 Foreign-invested enterprises mentioned in these Provisions refer to Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures and foreign-funded enterprises. Article 3 These Provisions shall apply to the establishment of foreign-invested enterprises within the administrative area of this Municipality and the modification of contracts and articles of association after the establishment. Article 4 Foreign businessmen are encouraged to set up the following foreign-invested enterprises in this Municipality:

(a) the use of advanced technology, equipment or scientific management methods.

(2) It can improve the product grade and open up the international market.

(three) to enhance the economic strength of the city and promote modernization. Article 5 An application for the establishment of a foreign-invested enterprise shall not be approved under any of the following circumstances:

(1) Endangering national security or harming national sovereignty and social interests.

(2) Causing environmental pollution damage.

(three) in violation of the laws and regulations of China. Article 6 The investment projects selected by Chinese and foreign investors shall conform to the investment direction and industrial policies stipulated by the state. Article 7 The Guangzhou Foreign Economic Relations and Trade Commission (hereinafter referred to as the Municipal Foreign Economic and Trade Commission) is in charge of the examination and approval of foreign-invested enterprises in the whole city, and is responsible for organizing the implementation of these Provisions.

Planning, economy, urban construction, finance and taxation, foreign exchange, industry and commerce, customs and other relevant departments shall, in accordance with their respective responsibilities, cooperate with the administrative department of foreign trade and economic cooperation to implement these Provisions. Chapter II Examination and Approval Authority Article 8 The examination and approval of the establishment of a foreign-invested enterprise in this Municipality shall be conducted by the Municipal Foreign Economic and Trade Commission, the Guangzhou Economic and Technological Development Zone Management Committee, the Nansha Economic and Technological Development Zone Management Committee, the Guangzhou High-tech Industrial Development Zone Management Committee, the Guangzhou Bonded Zone Management Committee, the district and county-level municipal people's governments authorized by the Guangzhou Municipal People's Government and other relevant departments (hereinafter referred to as the examination and approval authority) in accordance with the limits of authority prescribed by the state and this Municipality. Article 9 The establishment of a foreign-invested enterprise shall be examined and approved by the examination and approval authorities according to their respective examination and approval authority:

(a) the total investment is within the investment limit approved by the State Council or the relevant state departments.

(two) self financing, and does not need the state to balance the construction and production conditions.

(3) The export of products does not require export quotas and licenses issued by relevant state authorities, or it has been approved by relevant state authorities before the project proposal is submitted.

(four) other circumstances stipulated by laws and administrative regulations and approved by the Municipal People's government authorized by the State Council. Tenth according to national laws and regulations should be approved by the the State Council or the relevant departments of the state, by the Municipal Foreign Economic and Trade Commission or by the Municipal Foreign Economic and Trade Commission in conjunction with the relevant departments of the city after the first instance. Article 11 According to the nature of the project construction, the Guangzhou Municipal Planning Commission (hereinafter referred to as the Municipal Planning Commission) or the Guangzhou Municipal Economic Commission (hereinafter referred to as the Municipal Economic Commission) shall examine and approve the project proposal and feasibility study report, and the contract and articles of association shall be examined and approved by the Municipal Foreign Economic and Trade Commission. Restricted (B) projects that are below the approval limit stipulated by the State Council shall be approved by the centralized management department of the State Council industry; The feasibility study report of the project shall be approved by the Municipal Planning Commission or the Municipal Economic Commission according to the nature of the project construction; Contracts and articles of association shall be examined and approved by the Municipal Foreign Economic Relations and Trade Commission in accordance with the authority prescribed by the state.

Restricted items (a) and (b) shall not be entrusted.

Foreign-invested projects involving quotas and licenses must be approved by the Municipal Foreign Economic and Trade Commission before applying for quotas and licenses to the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China (hereinafter referred to as MOFTEC).

Where there are other provisions in the laws, regulations and relevant provisions of the state on the procedures and measures for examination and approval of foreign-invested enterprises, those provisions shall prevail. Twelfth the implementation of the examination and approval personnel certificate system in this city. The examination and approval personnel of the examination and approval authority must participate in professional training. If they pass the examination, the Municipal Foreign Economic and Trade Commission will issue the Qualification Certificate for Examiners of Foreign-invested Enterprises in Guangzhou (hereinafter referred to as the Qualification Certificate).

The examination and approval personnel who have obtained the Post Certificate may engage in the examination and approval of foreign-invested enterprises.

The examination contents of the examination and approval personnel shall be formulated separately by the Municipal Foreign Economic Relations and Trade Commission. Chapter III Establishment of Enterprises with Foreign Investment Article 13 The establishment of Sino-foreign equity joint ventures (hereinafter referred to as joint ventures) in this Municipality shall be examined and approved by the Ministry of Foreign Trade and Economic Cooperation or the municipal examination and approval authority respectively according to the prescribed authority. Article 14 After Chinese and foreign investors confirm their intention of joint venture and sign a letter of intent, China investors shall prepare a project proposal and submit it to the relevant departments stipulated by the state for examination and approval. Fifteenth approved project proposal as the basis for the preparation of feasibility study report, valid for one year. After the approval of the project proposal, China investors shall go through the formalities of pre-project registration and joint venture name approval with the administrative department for industry and commerce.