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Authoritative Offices For Project Approval

1.Limits of Approving Authority

Foreign-funded projects should comply with China's industrial development policies and the specific requirement of the industrial development of Beijing. Projects shall be submitted for examination then awaits approval of the competent departments of the State,Beijing Municipality,Beijing's various district and county governments,Office of Beijing New Technology Industries Experimental Zone and the Management Committee of Beijing Economic and Technological Debelopment Zone respectivelywith regard to total investment,specific category of industry,and nature of the projects. 

Approving Authority of Foreign-funded Projects --------------------------------------------------------------- 

        (in 1 million dollars) +
Authoritative offices total investment Classfication of industries The primary and second industries
Moftec. above 30
Beijing Foreign Economic Relations and Trade commisson. 3-30
Beijing New Technology Industries Experimental Zone and Economic and Technological Development Area less than 30
Local goverment of districts and counties less than 3
*All solely foreign-funded projects in tertiary industry should submit for approval of Moftec.

Approving Authority of Other Foreign-funded Projects ----------------------------------------------------------------------- 

        (in 1 million dollars) +
Project category Authoritative office
Investment companies Moftec
Limited-liability companies moftec, State Commission for Restructuring the Economy
Financial institution
Approving Authority of Joint Ventures and Cooperative Enterprises ----------------------------------------------------------------------- 

2.Procedures for Establishing Foreign-funded Enterprise

At present,the establishing procedure of Sino-overseas joint ventres, cooperative enterprises,and sole overseas funded enterprises are divided into two major steps:obtaining approval and registration.To be more specific,there are early-stage preparation,examination and ratification,registration at various departments. Photo (page 98-99)! 

3.Documents to Be Submitted for the Examination and Approval of the Establishment of Enterprises with Foreign Investment Documents to be submitted for the examination and Approval of Project Proposal and Feasibility Study

  • Application submitted by the Chinese party with the approval of its higher authority; 
  • Project Proposal; 
  • Feasibility study report; 
  • Letter of intent signed by all cooperative parties; 
  • Business license of the Chinese side's legal person; 
  • Commercial certificate of registry and personal identification card of foreign partner; 
  • Bank credibility documents of foreign investor; 
  • Lease agreement and property right certificate of house used as office and factory building; 
  • Other required documents.

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    Documents to be submitted for the Examination and Approval of Contract, Articles of Association and the Composition of the Board of Directors. 

    • Application for the examination and approval of contract and articles of association; 
    • The Notice on the registration of enterprise's name approved by Beijing Municipal Administrative Bureau for Industry and Commerce; 
    • The joint verture's contract,articles of association and list of members of the board of directors; 
    • Certificates of appointments and identity cards of the general manager,the deputy general manager and the directors;
    Documents to be submitted for the Examination and Approval of the Establishment of Wholly Foreign-owned Enterprises 
    • Application for the establishment of wholly foreign-owned enterprises; 
    • Feasibility study report; 
    • Business license of investor(if the inverstment is made in personal name,the personal identity card is required); 
    • Bank credibility of foreign partner; 
    • Articles of association of the foreign enterprise,list of members of the board of directors of the foreign enterprise,certificate of appointment of members of the board; 
    • The Notice on the registration of enterprise name approved by Beijing Municipal Administrative Bureau For Industry and Commerce; 
    • House leasing agreement and property right certificate of house; 
    • Other required documents.
4.Documents to Be Submitted for the Alteration of Registered Items(for those already abtained approval certificate and business license)
  • Application for alteration of items; 
  • Resolution adopted by the board of directors; 
  • Agreement on alteration of original contract and articles of association; 
  • Report on verification of capital; 
  • The original contract,articles of association,list of members of board of directors,approval certificate and business license.
Apart form the above documents,other documents are also needed according to the contents of alteration. 
  • Change of Enterprise's Address

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    To move in: 
    1. House leasing agreement; 
    2. Property rignt certificate; 
    3. Certificate of approval by the local house administration authority; 
    4. Approval by the original examing and approving authority 

    To move out: 
    1. House liasing agreement; 
    2. Property right certificate;

  • Transfer of Shares

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    1. Agreement on transfer of shares; 
    2. Chinese side: 
    a. business license 
    b. bank credibility 
    c. identification paper and resume of new members of board of directors 
    d. certificate of appointment 
    3. Foreign side: 
    a. certificate of registration of enterprise; 
    b. bank credibility; 
    c. personal identification paper. 

  • Adjustment of Members of board of Directors

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    Chinese side: 
    a. identification paper of new member of board of directors 
    b. personal resume 
    c. certificate of appointment 

    Foreign side: 
    a. certificate of appointment 
    b. personal identification paper 

  • For other alteration,the person in charge will explain what documents to submit.
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