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Foreign-invested enterprises relevant regulations

Business administration of the provisions Registration : Investors with foreign investment approval certificates and related documents within 30 days of the industrial and commercial administrative organs for registration hands continued. Registration approval of the competent authority, granted business licenses. Enter : According to the "Sino-foreign joint ventures funded by the joint venture of certain provisions", a joint venture contract paid to the investor, The parties to a joint venture business license should be issued from the date of six months paid; The investors paid in installments, The parties to a joint venture funded the first period shall not be less than the parties pledged shareholding of 15% and business licenses should be issued at the date of three months pay. If the joint venture parties in violation of the regulations, depending on the automatic dissolution of the joint venture, nullifying a business license, not for cancellation of registration. Registration authorities will direct their business licenses revoked as a handle to the announcement. Registration authorities not to the joint venture contract by the deadline for investors paid up capital Wang List of treatment will be given. :Inspection system : : Registration authorities for foreign-invested enterprises conduct annual testing. Annual inspection of the main contents include : checking parties to a joint venture funded subscription, whether the registration authorities approved scope of business registration and other matters in the normal production and business activities, whether the operating period which is also a registered capital, transfer of property, evading debts, in accordance with the provisions of business, Change, cancel the registration. Foreign-invested enterprises should be the competent authority in accordance with the registration requirements for the filing of annual inspection report on the balance sheet. Supervision and management : Registration authorities for foreign-invested enterprises contracts, the implementation of the statute has the responsibility of supervision and inspection. The absence or refusal to set up in China, accounting books, parties to the joint venture within the required period of the investor paid the registered capital of foreign-invested enterprises, the right to order them to stop operating or cancellation of their business licenses; Supervision of foreign-invested enterprises operating in accordance with the provisions of the changes, cancellation of registration; supervise enterprises in accordance with the approved registration issues and the statute, a contract or agreement operating activities; supervise enterprises in accordance with the provisions of the inspection procedures; and the supervision of compliance with the legal representative of the relevant state laws and regulations and policies. Foreign-invested enterprises investment in the contract parties, the statute clearly provides financing deadline, and arranging paid registered capital. Besides, the provisions of the foreign-invested enterprises funded by investors phased total duration of a separate provision. Labor Management Labor Contract Foreign-invested enterprises in accordance with the "Labor Law of the PRC" and "Beijing implementation of the labor contract system, a number of provisions" , from the date of employment, the legal representative of enterprises are recruiting staff with the signing of the labor contract. Staff recruitment, dismissal and resignation Recruitment : foreign-invested enterprises will make their own determination institutions and staffing, recruitment decided the time, amount, terms and conditions. However, bills to prohibit the use of child labor, women are not allowed to engage in the work of national taboo. Foreign-invested enterprises that employ foreign workers, according to affiliation to the respective districts and counties, the Council declared, or municipal department in charge of consolidated city to the labor bureau reported. Foreign nationality, Taiwan, Hong Kong, Macao residents in Beijing need employment in the Labor Bureau for "permitted employment permits." Dismissed : foreign-invested enterprises, and workers whose labor relations, have 15 days to review the transfer of files between its staff procedures. Given the reasons for the lifting of workers and labor relations, enterprises must notify in writing 30 days in advance to pay its workers and economic compensation. Labor Protection Vacation hours : daily implementation of laborers working hours not exceeding eight hours average weekly working time is not more than 40 hours of working hours. New Year's Day and Spring Festival, International Labor Day, National Day, the laws and regulations of other festive holiday arrangements for workers to leave. Occupational Safety and Health : strictly enforcing our labor safety and hygiene rules and standards, the production equipment, supporting facilities have safety and health-protective devices and facilities. New and expansion projects, labor safety and health facilities must also works with the main design, construction, also throw in production and use. Foreigners working in China referring to the right of residence of foreigners in the country in accordance with the law and access to social labor remuneration behavior. According to the "employment of foreigners in the Chinese regulations," the foreigners come to China for employment permit system. Employing units hire foreigners for foreigners to apply for permits, and was allowed by the "employment permit for the People's Republic of China" before the appointment. Municipal labor administration departments in China responsible for the employment of foreigners in the management. Recruited by the foreign-invested enterprises work of the foreign staff wages and other legitimate income, foreign exchange, tax law, can be directly remitted or carried out of the country. The yuan is to pay taxes, holders can exchange control authorities provided evidence to the effective foreign exchange designated banks for foreign currencies remitted or carried off. Hong Kong, Macao and Taiwan in the Mainland in accordance with the "Taiwan and Hong Kong, Macao residents in mainland employment regulations" for the notification. Labor insurance, welfare and wage system Foreign staff wages : from foreign-invested enterprises and foreign staff consultations together with the signing of the implementation of the labor contract employment. Hong Kong, Macao and Taiwan refer to the above processing staff. Chinese workers wage standard : self-determined, but may not be less than the city minimum wage standards. Chinese medical workers. retirement benefits and insurance enterprises extracted from the standard cost of extracting Chinese workers to the total wage base. Price subsidies standards : According to stipulations of the Ministry of Finance, foreign-invested enterprises should be located in the provinces, autonomous regions, municipalities, financial, Labor Department approved standards, the state workers paid the price and other subsidies, and entrust local finance departments. By Chinese enterprises workers 30 yuan per person per month. Exemption : product export enterprises and advanced technology enterprises, Since the ratification of the date of countries exempt from the Chinese workers to subsidize the price of 30 yuan. Exchange Management For "foreign-invested enterprises Waihuidejizheng" Foreign-invested enterprises to receive the "People's Republic of corporate business licenses," after 30 days. should register Administration of Foreign Exchange (hereinafter the Exchange) application for foreign exchange registration procedures. The time of application for registration is required to complete a "foreign-invested enterprises, of the Registration Form," and submit the following materials (original). l．Approving authority for the establishment of enterprises with foreign investment approval documents and approval certificates; 2．State Administration of Industry and Commerce issued by the "People's Republic of corporate business license" and copy; 3．Foreign-invested enterprises approved a contract in effect, the charter; Exchange Board requested by the other documents. Exchange Bureau on the application to register a business review of the information submitted, presented to the enterprise, "foreign-invested enterprises foreign exchange record certificate." Expenses Account Foreign-invested enterprises with Exchange Board issued "Waihuidejizheng" and related materials, registered to the depositary bank to open foreign exchange accounts in the corresponding. Foreign-invested enterprises with Exchange Board issued "Waihuidejizheng" and "accounts notice" to the depositary bank to open foreign exchange settlement account households, foreign exchange capital account. Foreign-invested enterprises with Exchange Board issued the "foreign debt registration certificates" and "Exchange (turn) loans registration certificate" to open bank accounts outside debt into loans, internally-funded financial institutions dedicated account for foreign exchange loans. The current foreign exchange management Foreign-invested enterprises can exchange clearing accounts for the current foreign exchange earnings and expenditures and approved by the Foreign Exchange Bureau of capital items purpose of expenditures. Foreign-invested enterprises often the foreign exchange earnings in the Exchange Board approved to retain the maximum amount of foreign exchange, excess can be sold to designated foreign exchange banks or through the foreign exchange swap sold. Foreign-invested enterprises in the foreign exchange designated banks for settlement. Also in the local foreign exchange swap transactions of foreign exchange. According to the State Administration of Foreign Exchange, foreign investment enterprises in the investment projects and regular foreign exchange liquidity needs, adjustment approved foreign exchange settlement account the maximum amount. Foreign-invested enterprises trade and non-trade business with the external payments, and the mode of payment with the corresponding effective business documents and documents from the effective foreign exchange accounts or paid to the designated foreign exchange banks cashing . Foreign-invested enterprises and foreign investors according to the profit after tax and dividend remittances, with resolutions of the Board of Trustees of profit distribution, through their foreign exchange accounts or paid to the payment of foreign exchange designated banks. Foreign-invested enterprises foreigners, overseas Chinese, Hong Kong, Macao and Taiwan workers to pay taxes according to the yuan in wages and other legitimate income, with proof of payment of foreign exchange designated banks. The following external payments with the Department by the Council for authenticity of the Exchange, through their foreign exchange accounts to pay or to the designated foreign exchange banks cashing : Imports under the contract total amount of more than 15% or more than 15 although%. However, more than the equivalent of 100,000 U.S. dollars out of the advance payment I under contract more than 2% of total amount of secret commission and 5% for the commission or not in excess of this ratio, But more than the equivalent of 1 million dollars to the commission to repay foreign debt interest; more than the equivalent of 1 million dollars in cash extraction. Capital project management of the Exchange Foreign-invested enterprises to invest all the cash input methods can be deposited in the capital capital account, Capital expenditure accounts is limited to the use of the recurrent expenditure and the Board for approval by the Exchange of capital expenditures. Foreign-invested enterprises can be based on business need autonomy to make decisions in immigration and outside foreign exchange loans. Offshore loan contract signed within 15 to the Exchange Council should handle foreign debt registration procedures. China to borrow money abroad to be to provide security and should be incorporated into national scale of the use of foreign capital, reported approval of the relevant departments. Foreign-invested enterprises in the following areas Exchange without the approval of the Exchange Council, not settlement. (1) foreign legal persons or natural persons as an investment into the Exchange; (2) to borrow money abroad and issue foreign currency bonds, the stock exchange; (3) Upon the approval of the State Administration of Foreign Exchange, the other capital projects under foreign exchange earnings. Foreign-invested enterprises under capital account with the following, listed in the holding valid documents to the Exchange Office applications, With the approval of the Exchange Board from their foreign currency accounts or paid to the payment of foreign exchange designated banks. (1) to repay its foreign debt, saying "debt registration certificate", lending contracts and creditor institutions principal orders; (2) external security compliance with the Department, with the secured contracts, Exchange Board issued "Exchange secured registration certificates" and foreign institutions to pay notice; (3) offshore investment funds remitted, with the state department in charge of investment approval documents and contracts; (4) foreign-invested enterprises approved by the Chinese investors need to exchange inputs in registered capital, with the national authorities and the approval of the contract documents. (5) Foreign-invested enterprises in foreign exchange remittance of capital, with its board of directors, the state department in charge of the approval documents; (6) capital of foreign-invested enterprises and the allocation of the territory of foreign profits in the territory of capital or to re-invest Exchange Board approved with conditions. Exchange inspection Foreign-invested enterprises each year on April 30 with the Exchange commissioned the inspection firm of qualified accountants on the use of foreign exchange business intelligence Status of annual inspections and issuing annual inspection report; and the annual May 15 with the Exchange inspection report and the "foreign-invested enterprises Waihuidejizheng" for the Administration of Foreign Exchange, degree certification procedures, after the Waihuidejizheng certification for the effective management of foreign exchange certificate. Encourage foreign investment preferential policies Foreign-invested enterprises with foreign exchange implications of the "foreign-invested enterprises Waihuidejizheng" and "accounts notice" to be registered outside Department designated bank to open a foreign exchange clearing accounts and foreign exchange capital account. Foreign-invested enterprises in the foreign exchange designated banks for settlement, in exchange swap transactions of foreign exchange. Approval by the relevant authorities, foreign-invested enterprises can yuan acquisition of other enterprises, export of products, integrated compensation. Foreign investors can be obtained yuan investment profits earned in the territory to the new or increased foreign exchange earnings of enterprises, In addition to the law is to refund paid for the portion of income tax concessions, foreign investment and enjoy the same treatment. Real estate investment regulations Foreign joint venture in Beijing can take the form of purchased through tender or agreement. Paid in Beijing, the state-owned urban land use rights. Land use rights, according to its use for a minimum 40 years, the longest for 70 years. Encourage foreign transformation of dilapidated houses in the city area development. Foreign building can be developed for residential, industrial plants and commercial, tourism and entertainment facilities. Development and use of the property for business and other economic activities. Foreign-invested enterprises to domestic and foreign enterprises, other organizations or individuals to sell, rent out their real estate development. To be outside the foreign banks or other financial institutions to mortgage their own houses and land use rights. Import and export commodities inspection Statutory test : Commodity inspection agencies in the implementation of the statutory scope of the inspection : - Included in the "commodity inspection bodies detection of import and export commodity mix" of commodities; - Health laboratory facilities should export food; - Quarantine facilities should export animal products; - Export of dangerous goods packaging and the use of performance signed signed; - Shipment export of spoiled food, frozen goods and containers aboard the appropriate means of delivery are signed; - Other laws, regulations and relevant international treaties licensing system should be imposed export commodity. Exempted from inspection: Anything that meets the requirements of the State Import and Export Commodities Inspection Bureau Exemption conditions, and upon approval, may be exempted from inspection. Samples, gifts, non-sale items and other non-trade items, with the departments concerned show that would be exempt from testing. Quality permit system : Right to security, health and other important import and export commodities import licensing and safety and quality export quality licensing system. Commodity inspection agencies to apply for and obtain a permit before importing or exporting the goods accordingly. Currently, the export license system for the quality of the nine categories, import license system safety and quality of the 47 major categories. Health registration system : Where in the country in production, processing and export of food storage plant, basement, by commodity inspection agencies to be qualified for registration and access to health or health certificate of registration before production, processing and export of food storage. Foreign-invested enterprises imported goods inspection : Sino-foreign joint ventures, cooperative enterprises imported goods except those which are involved in the inspection and health and safety, inspection by the enterprises themselves. Foreign-invested enterprises to invest in lieu of equipment, physical and foreign joint-venture commissioned from abroad bought the equipment, in-kind, should request the testing and licensing system for body identification value, the value of certificates of identification-verification procedures for the effective basis. Policy priorities : Foreign-invested enterprises to import and export commodities inspection licensing system for identification of bodies and the quality of handling permits, Health registration and visa GSP will remain priorities. Technology-intensive and knowledge-intensive enterprises with foreign investment finds Qualification for two-intensive enterprises, foreign-invested enterprises requirement by making two-intensive enterprises based applications, the bureau reported. State Taxation Bureau in the city's Science and Technology Commission with the approval of the city's science and technology commission issued two-intensive enterprises ratification and certificates. Identified by the two-intensive enterprises, according to the tax provisions apply reported to tax authorities vetted and approved, enjoy tax concessions. 2-intensive enterprises to be engaged in the following areas or within a variety of new technologies and products in the research, development, production and business : (1) Information technology and electronic products (including all types of information processing software); (2) laser technology and its products; (3) an optical-mechanical-electrical integration technology and its products; (4) life sciences and bio-engineering technology and its products; (5) new materials technology and its products; (6) new energy technology, new energy-saving technology and products; (7) Environmental Science and labor protection of new technologies and products; (8) new building materials, components and construction technology and equipment; (9) fine chemical technologies and products; (10) new drugs and biomedical engineering; (11) Application of nuclear technology and its products; (12) Earth science, space technology, marine technology and products; (13) can bring about high economic returns, suitable for the characteristics of the capital and other new technologies and products. Foreign investment for the provision Foreign-invested enterprises basis of the "PRC Company Law," the relevant provisions in the name of the enterprise, use assets to a limited liability company or limited investment, the registration of the shareholders of the company or sponsors, must meet the following conditions : (1) subscription has been paid up capital investment; (2) has completed the original approval; (3) have started to pay corporate income tax. Foreign-invested enterprises as part of the company's shareholders or sponsors, in the company of its share equity ratio will be required to meet the following requirements : (1) belong to the state to encourage foreign direct investment in the industry, the share of foreign-invested enterprises unrestricted equity ratio (State except as otherwise provided); (2) belong to the state restrict foreign direct investment in the industry, the registered capital of the company of all foreign investment enterprises accounted equity ratio should not exceed a registered capital of 25%. Trackback(0) TrackBack URI for this entry Comments (0) Subscribe to this comment's feed Show/Hide comments Write comment Show/Hide comment form Name Email Website Title Comment Write the displayed characters Add Comment Copyright 2007. All Rights Reserved.

 

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