Application Procedures
Flow Chart of Application Procedures for Investment
Technology code
1. Seal graving
2. Local tax registration
3. State tax registration
4. Financial registration
5. Foreign exchange registration
6. Land contract
7. Construction application
8. Registration at the Customs
9. Employment registration
10. Fire control and protection application
Notes:
1. In the Guidance List for Foreign Investment, Projects with total investment (including added investment) over USD100m, projects that are encouraged and permitted, and restricted projects over USD 50m should be submitted to relevant state ministries for examination and approval after the preliminary examination by the municipal foreign trade and economic cooperation bureau.
2. New foreign-invested projects with total investment less than USD30m (exclusive of USD30m) that comply with industrial policy of Shenzhen City and which are encouraged and permitted in the Guidance List for Foreign Investment should be examined and approved by Futian Economy & Trade Bureau and reported to the municipal foreign trade bureau for filing.
3. Projects in the field of service trade, and monopolized projects requiring for coordination by municipal departments in charge should still be examined and approved by the municipal foreign trade and economic cooperation bureau.
4. Feasibility reports, contracts and articles should be submitted together to the examination and approval authorities for joint examination.
5. The investor shall handling registration formalities at other relevant departments upon receipt of the certificates of approval and business license registration.
6. The investor may directly handle the formalities at the municipal and district departments by itself or entrust an agent to handle the formalities on its behalf.
Flow chart of applying for projects that process raw materials on clients' demands, assemble parts for the clients and process according to the clients' samples, or engage in compensation trade. in Futian
The following materials should be provided for a new agreement
l Foreign investors (including investors from Hong Kong, Macao and Taiwan)
1..1. Two copies of the certificate of business registration;
1..2. Two copies of the bank credit certificate (with the original for future reference)
1..3. Two copies of the identity certificate and the Home-Visiting Certificate respectively.
1..4. One original and one copy of the certificate of legal representative. (If the person dealing the business is not the legal representative himself, Power of Attorney signed by the legal representative and a signature sample of the legal representative should be submitted.)
1..5. List of the members of the board of directors of the company (with the official seal);
1..6. Eight copies of imported equipment list.
l The Chinese party
1..1. Two copies of business license (sealed by the administration for industry and commerce);
1..2. An original and a copy of the certificate of the legal representative and power of attorney;
1..3. Opinion of the environment protection authorities is required in case of projects with environment pollution effect;
1..4. Eight original agreements signed by both parties.
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.
2.10. Documents and materials defined as necessary by the examination and approval departments.
Examination and approval of environment protection
As to the planned projects, the examination and approval of environmental protection should be informed that：
First, Application Form of Examination and Approval of Construction Projects that Could Affect the environment in Shenzhen (in duplicate, filled in colour-fast ink, can't be copied with, and invalid of altered)；
Second, a copy of valid house lease contract (the house lease contract can only be valid after the lease department stamps on the copy) or property ownership certificate, red line chart;
Third, a copy of valid house lease licence;
Fourth, environmental monitoring plan and control measures;
Fifth, the plan and contract concerning facilities for prevention and control of drainage (including waste water, waste gas, noise) in the operation area. (Only those enterprises which have got the environmental protection qualification issued by the Environmental Protection Bureau of Shenzhen City, and are put on record in the Association of Environmental Protection of Futian District, could be engaged in the design and installation of the environmental protection projects).
Industrial and commercial Registration:
The following documents shall be submitted to the registration authorities:
1. The Application Form for the Setting up Foreign-invested Enterprises signed by the chairman of the board of directors or the executive director of the enterprise.
2. Letter of Attorney of Enterprise Registration signed by all shareholders
3. Copy of the approval document issued by the examination and approval authority, and duplicate 1 of the approval certificate.
4. The original contract and rules approved by the examination and approval authority (for wholly foreign-owned enterprise, the contract is not required ).
5. Certificate of the legal person’s qualification or certificate of the nature person of the foreign investors( for Chinese parties, the certificate shall be sealed by industry and commerce administration authority, for Foreign parties, sealed by the shareholders, and Chinese translation is required for certificates in foreign languages ).
6. Certificate of the address of the enterprise（The original of property right identification and lease contract need to be checked）.
7. The Verification Notice in Advance for the Name of the Foreign-invested Enterprises.
8. The original of documents that must be examined and approved according to laws and administrative statutes should be submitted to related departments for examination and approval.
9. The original of documents that must be examined and approved by the environmental protection department should be submitted to it for approval.
10. Other documents required by the registration authorities.
Customs Registration:
The following documents should be submitted for registration at the Customs:
First, Register Application for Customs Declaration by the Enterprise Itself, Registration Form About the Enterprise, and Registration Form of the Enterprise’s Administrative Staff;
Second, a moulage of the special-purpose seal for customs declaration (the moulage should be sent to the public security bureau for putting on record);
Third, Registration Form of External Trade Operators provided by the commercial department;
Fourth, one copy of the duplicate of the legal person's business license(private enterprises and partnership should submit copies of business licenses);
Fifth, one copy of the duplicate of the tax registration;
Sixth, one copy of the license for opening a bank account (the basic bank account card of the company);
Seventh, one copy of the duplicate of the organization's code certificate;
Eighth, the certificate of fixed manufacturing and operation sites(the property ownership certificate or lease contract of the registered address of business license);
Ninth, copies of ID cards of the enterprise's legal representative or the directors of private enterprises and partnership;
Tenth, rules of the contract or rules of the company, as well as the approval document of rules of contract issued by the government’s administrative department.
