Foreign Investment Examination and Approval

    According to the “Law of the People’s Republic of China on Sino-Foreign Equity Joint Ventures”, the “Law of the People’s Republic of China on Sino-Foreign Contractual Cooperative Ventures”, the “Law of the People’s Republic of China on Wholly Foreign-Invested Enterprises”, and the relevant regulations of the People’s Government of Shenzhen City, those who intend to establish a foreign-invested enterprise shall apply for and handle the formalities for examination and approval at Futian Economic & Trade Bureau (Futian Foreign Investment service Center).

  1. The materials that must be submitted to apply for setting up foreign-invested enterprises

    1.1. Original application of setting up foreign-invested enterprises signed by all parties

    1.2. The copy of the “Verification notice in advance on the name of the foreign-invested enterprises” issued by the Municipal or District Administration for Industry and Commerce.

    1.3. One list of the executive directors or members of the board of directors who are assigned to the foreign-invested enterprise.

    1.4. Three copies of the “Feasibility Study Report of the Project ” (printed documents with signature and seal of the investors).

    1.5. As for the projects that may affect the environment, an approval document from the Bureau of Environmental Protection of Futian District should be submitted.

    1.6. A copy of the business certificate of all the legal persons concerned, as well as a copy of Credibility Letter of all the legal persons concerned (the original Credibility Letter should be examined).

    1.7. Four copies of the original contracts and articles for setting up a new enterprise (exclusively foreign-owned enterprises don’t need to submit the contracts), with signature of the representatives of the investors and seals of all parties. (A copy may be provided for preliminary examination in advance);

    1.8. Fill in and submit an original of the “Counterfoil of the Approval Certificate”.

    1.9. The 1st duplicate of “the Notice of Pre-given Code of National Organizations and Institutions”

  2. In the following cases, the corresponding documents and materials should be submitted

    2.1. If the investor (the foreign party only) is a natural person, a copy of his/her ID card and an original curriculum vitae, document of property position (Bank Credibility Letter) should be submitted.

    2.2. If the investor is a foreign-invested enterprise, the following should be submitted: an original of the resolution of the enterprise’s Board/shareholders meeting; a copy of the original certification of the enterprise capital verification notification, and a copy of the balance sheet of the past three years; and an original certificate for payment of the enterprise income taxes issued by the tax departments.

    2.3. If the Chinese party contributes state-owned property as its capital, the following should be submitted: the property assessment report provided by property assessing institution registered in China; the confirmation letter provided by the supervision departments of the state-owned property; and the approval document provided by the departments in charge of the property rights of state-owned property.

    2.4. If two or more investors apply for the setting up a foreign-invested enterprise as a whole, a duplicate of the contract/agreement signed by them should be submitted to the examination and approval authority for filing.

    2.5. If the representative of the legal person authorizes a person to sign the document, a valid power of attorney should be provided.

    2.6. If the foreign-invested enterprise is transformed from an enterprise that processes raw materials on clients' demands, assembles parts for the clients and processes according to the clients' samples, or engages in compensation trade, two copies of the former agreements of “processing raw materials on clients' demands, assembling parts for the clients and processing according to the clients' samples, or engaging in compensation trade”, and two copies of the approval documents issued by the department in charge should be submitted. (Accepted and processed only within half a year before the original agreement is due.)

    2.7. As to initiating projects of real estate and projects in which one’sown property is regarded as the investment or the condition for cooperation, a valid certification of the ownership of the land use rights and real estate property of the investors should be submitted.

    2.8. As to initiating projects of hotels, restaurants, recreational facilities, and warehouse, etc., a valid certificate of construction site use and an approval document about the construction location’s function provided by Municipal Bureau of Land Planning should be submitted.

    2.9. As to setting up the foreign-investment enterprises of such types as limited companies, investment companies, construction companies, trade companies, lease companies, shipping agency, transportation companies, etc., documents and materials should be submitted according to the current state laws, legislations and regulations.

    Documents and materials defined as necessary by the examination and approval departments.