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Mandatory inspection:The scope of mandatory inspection:inspection of all the goods enlisted to be inspected by the commercial inspection organization
for import and export:quarantine tests for export food;quarantine tests for
export animal products;appraisal for the function and usage of packages and
containers for dangerous goods to be exported;appraisal for the transportation conditions of cargo holds and containers for decompose-prone food to be exported; tests on imports and exports which are regulated by other laws and stipulations.
Inspection exemption:Some goods are exenpt from inspection providing that they meet the requirement of the State Commodity Inspection Bureau and are so approved of Inspection exemption can also be granted to samples,presents and gifts,exhibits not for sale,and other goods with non-trade nature.
Quality licensing:For those import and export goods involving safety and
sanitation ,import license for safety and export license for quality are given
to their manufacturers.No import or export of such goods is permitted without the verification and license of the commodity inspection organization.At present, export licenses for quality are issued for nine categories of goods and the import licenses for safety are issued for 47 categores of goods.
Hygienic enrollment and registration:All plants and store houses that produce,
process and store export-oriented food in China must pass the verification test of commodity inspection organs and be given hygienic enrollment or registration for their plants and storehouses they are entitled to produce,process,andstore food for export.
Import inspection for foreign-funded enterprises:Those import goods to be used by foreibh-funded enterprises are subject to inspection to be conducted by these enterprises themselves.Except for imports subject to mandatory inspection and imports involving hygienic and safety issues,other imports are subject to inspection to be conducted by these enterprises.The equipment and raw materials, which are paid for by foreign-funded enterprises,who demand appraisal of the value of their imported equipment and raw materials,should be reported and inspected by the commodity inspection organization;the equipment and raw materials,should be reported and inspected by the commodity inspection organization; the equipment and raw materials,which are purchased from overseas through entrustment by overseas partners,should be reported and inspected by the commodity inspection ganization.Verification and appraisal certificates serve as the valid documents in the examination of the capital invested by the joint venture or cooperative enterprises.
Priority policy:Foreign-funded enterprises which produce export-oriented products enjoy priority when applying for such documents as inspection appraisal, quality license,hygienic registration and preferential certificate for original of production.
11. Register at the Beijing Public Security Bureau.
11.1 Procedures
Foreign-funded enterprises should register at the Section of
Controlling of
inward and outward foreigners(Hereinafter referred to as the "Foreign
Section") of Beijing Public Security Bureau within 10 days after registering
at the Industry and Commerce Administive charters.A "Register and Book"
will be issued by the section as the certificate of registration and then
the enterprises can to through the formalities at local Public Scurity
Bureau.
To change any registered item of the "Registration Book",the
enterprise should to through relative formalities at the Foreign Section
of Beijing Public Security Bureau within 10 days,with the "Registration
Book" and other documents concerned If the enterprise removes,the "Registeration
Book" should be returned to the section which issued it.
11.2 Apply for the Engraving of Official Seal
To engrave the official seal,the foreign-funded enterprises
should register
at the Foreign Section of Beijing Public Security Bureau with the certificate
provided by the higher quthority of the Chinese investor defined in
the
"Registration Book" and the application form signed by the general
manager,
representative of legal person of the foreign investor,the pattern
of official ]
seal(2 copies).The Section will issue a certificate,and appoint a place
where
the official seal can be engraved.
11.3 Apply for Visa and Long-term Residence Certificate
1. The foreigners working in foreign enterprises in Beijing who apply
for visa
and long-term residence certiicate,must meet the following basic conditions:
(1) They must be formal members working in foreign enterprises or those
who have to reside in Beijing for the reason of working
(2) They must possess valid entering visa(Type F. Type Z).
2. The following documents should be submitted for the application
of visa
and residence certificate:
(1)For those working in Joint Ventures under the administration of
the Beijing
Vunicipality,they must have the Application Form for Examination and
Approval of Visa or Residence for Foreign Employees and Employees from
Hong Kong,Macao and Taiwan in Foreign-funded Enterprises,the Application
Form shall be examined and approved by Beijing Foreign Economic Relations
and TRake Commission.
(2)For those working in foreign-funded enterprses subordinate to ministries
or comissions under the central govenment,an official letter from the higher
arthorities at department level is required.
(3)Copy of the contracts,the approval certificate,the Business license,and
the
certificate of appointment. (4)Two passport photoes.
(5)Health Certificae issued by Beijing Sanitation and Quarantine Bureau.
(6)Except for the Directon of the Board and the investor,other should
obtain
the Emplayment Permit issued by Beijng labour Bureau.
3. Time limit:
Those who possess the type Z Visa should apply for resicence
certificate
within 10 days after entering China; Those who possess the type F Visa
should apply for residence certificate 5 days before the visa expiring.
11.4 Apply for Residence certificate
Employees from Hong Kong,Macao and Taiwan in foreign-funded
enterprises and their relatives who will reside in Beijng for 3 months
or more,should apply within 10 days after the entry for temporary residence
certificate at the foreign section of Beijing Public Security Bureau.
Documents Required
(1)Valid passport and visa(Type F or Z,Original)
(2)Certificate of appointment
(3)Copy of the approval certificate for the joint-venture enterprise
or the
documents approved by Beijing Foreign Economic Relations and Trade
Commission,
copy of business license.
(4)Registration ation Book of enterprise
(5)Resume of the applicant and two passport photoes.
(6)The employment permit issued by Beijing Labour Bureau
Those who need to extend their residence in Beijing must apply
before the expiry of the residence certificate; those who need to change
items of the residence certificate should report to the Foreign Section
of Beijing Public Security Bureau within 10 days for relevant procedures.
11.5 Apply for Extension of Visa,Temporary Residence Certificate and
Residence Certificate Documents required
(1)Valid passport and visa for extension of visa
(2)Temporary residence certificate and certificate of returning home
for extension of Temporary residence certificate
(3)Valid passport and visa(Type F or Z )and residence certificate for
extension of residence certificate
(4)Business license and certificate of appointment (original ones,copies)
12. Policy and Regulation on Labor Management
12.1 Contract of Labor
Foreign-funded enterprises must comply with the Labor Law of
the People's
Republic of China and Regulations on the Implementation of Labor Contract
System of Beijing.The legal representative must sign labor contracts
with
employees for a certain period of time on the day of the employment.
12.2 The Hiring,Firing and Resigning of Employees
Employing:Foreign-funded enterprises can determine their institutional
and
personnel systems on their own and are free to decide the time,scale,conditions,
and patterns of their employing activity.But child labor is prohibited.Women
workers should not be assigned to do work specified by the State as unsuitable
for women.If foreign-funded enterprises want to employ people from outside
employment relationship to local governments,or the administrative department
of the municipality will collect the cases and apply to Beijing Municipal
Bureau of Labor.people from Taiwan,Hong Kong and Macao,who want to work
in Beijing must apply for the Employment License of People from Taiwan,Hong
Kong and Macao.The Municipal Bureau of Labor is the administrative department
of the employment of people from Taiwan,Hong Kong and Macao.
Dismissing:Foreign-funded enterprises can dismiss those who
remain unqualified after trial employment and professional training,who
have broken the regulations of the enterprises,and those who are convicted.
Resigning:Employees can resign during the trial employment period,or
at any time when the enterprise has violated the labor contract and encroached
the lawful rights of the employees.
12.3 Labor Protection
Work time,holidays,and leave:The work time should not exceed
eight hours
per day.The average work time per week should not exceed 40 hours.Foreign-funded
enterprises are required to arrange holiday leaves for employees in legal
holidays such as the New Year,Spring Festival,the International Labor Day,and
the National Day.
Labor Safety and hygiene:Foreign-funded enterpreses must strictly
observe
the regulations and standards of labor safety and hygiene in China.The
production equipment and installations must be supplemented with safety
and hygiene facilities. For new projects,the safety and hygiene facilities
must be disigned,constructed, and put into use simultaniously with the
principal parts of the projects.
12.4 Employment of Foreigners in China
Refer to the behavior of those who have not obtained residence
but are
engaged in social labor activities in China and get payment for their
services.
According to the Regulations on Employment of Foreigners in China,a
license
system is used to administer the employment of foreigners who come
to work
in China.
The employers are required to apply for Employment Licenses
for the foreigners they want to employ and are not allowed to employ foreigners
without the Employment License of Foreigners in People's Republic of China.The
labor executive department of the municipal government is responsible for
the administration of foreigners' employment in China.Foreign employees
who work in foreign-funded enterprises should pay tax in accordance with
relevant laws. If the salary,wage,and other legal income of the foreign
employees are in foreign currencies,the employee,after paying the tax,can
either remit the money or take it out of China;if the income is in RMB,the
imployee,after paying the tax,can purchase foreign currencies at designated
banks with the effective certificate issued by foreign exchange control
department,and then remit themoney or take it out of China.
The employment of residents of Taiwan,Hong Kong and Macao should
comply with the Refulations on Employment of Residents of Taiwan,Hong Kong
and Macao.
12.5 Labor Insurance,Welfare,and Salary System
Salary Standard for foreign employees: Salaries for foreign
employees shall
be settled and paid accordign to the labor contract signed by both
the enterprises and the employees. Salaries for the employees from Taiwan,Hong
Kong and Macao shall be settled in light of the regulations for foreign
employees.
The salary standard for Chinese employees is decided by the
enterprise itself, but should not be lower than RMB 1.4 yuan per
hour and RMB 240 yuan per month.
Standards for extraction of medical expenses,various welfare
and persions
for Chinese employees:The foreign-funded enterprises should extract
the total
salaries and wages of Chinese employees from its cost and take the
extraction
as the base.(see the table below)
Price subsidy standards:According to the rules of the Ministry
of Finance,
foreign-funded enterprises should hand in the various price allowances(RMB
30 yuan per month for each Chines employee in the enterprise)to the local
financial authorities that the State pays to the employees,in accordance
with the standards verified by local financial and labor departments of
the provinces,autonomous regions and municipalities directly under the
central government.
Exempion policies:Starting from the month of their establishment,the
State-
approved export-oriented and technologically advanced foreign-funded
enterprises are exempt from this 30-yuan price allowances.Cost and expenses
of the enterprises shall be correspondingly reduced.The enterprises are
exempt from all the price allowances for Chinese employees who hold rural
residence cards.
13. Policy and Regulations on Real Estate Investment
Foreign investors may,in the form of joint venture,obtain the
right to the
use of state-owned land in Beijing with compensation by means of auction,bid
or agreement.The allotted time for land-use right is from a minimum
of 40 years to a maximum of 70 years,depending on the purpose of use.
Foreign investors are encouraged to develop and reconstruct
the old residential districts in the city proper of Beijing. They may engage
in the development and construction of high-grade residence,industrial
facilities and may also conduct operations and other economic activities
with the developed real estate.
Foreign investors can sell or rent the rea estate they have
developed to
enterprises,organizations and individuals both inside and outside China.
Foreign investors can mortgage their buildings and the right
to the use of
land to banks or other financial institutions in and outside China.
14. Recognition and Definition of Technology Intersive and Knowledge
Intensive Foreign-funded Enterprises
To apply for the recognition and definition as technology intensive
or knowledge intensive foreign funded enterprises must fill out the application
form for recognition and definition of these two kinds enterprises,then
submit their application to Beijing State Taxation Bureau,who will examine
the application together with Beijng Science and Technology Commission.The
latter will issue approval documents and recognition certificates to qualified
enterprises.
When the application has been approved by administration of
taxation,the
recognized technology intensive and knowledge intensive enterprises
can begin
to enjoy preferential taxation.
Technology and knowledge intensive enterprises must be engaged
in research, development,production,or marketing of one or more of the
following technologies and products:
(1)electronic information technoloty and its related products (including
information processing softwares;
(2)laser technology and its related products;
(3)the technology of integration of laser,engine and electronecs and
related products;
(4)life sciences,biololgy engineering technology,and related products;
(5)new materials technology and related products;
(6)new energy technology, new energy saving technology and related
products;
(7)environmental science, labor protection technology and related
products;
(8)new building materials, parts,construction technology and related
equipment;
(9)refined chemical technology and related products;
(10)new medicine and biological medical engineering;
(11)nuclear application technology and related products;(12)geoscience,space
technology,marine technology and related technology;(13)other new technologies
and products that can bring high economic profits and are suitable to be
developed in Beijing.
15. Procedure of Applying for Export-Oriented Enterprise and Advanced
Technology Enterprise
15.1 Applying for Export-Oriented Enterprise
Joint ventures that meet the following requirements can be defined
as Export-
Oriented Enterprise:
(1)The applicant should be an industrial enterprise
(2)Most of the products of the enterprise are for export and the annual
sales
of export-oriented products accounts for more than 50% of the gross
sales of
all the products
(3)The foreign exchange income maintains a balance or have a surplus
15.2 Applying Procedure
Enterprises that meet the above requirements can submit the
following documents after getting the bussiness license.
(1)Application for Export-oriented Enterprise
(2)Duplicates of the contract and the approval document
(3)Feasibility study report and approval document
(4)Duplicates of bussiness license and capital examination report
Beijing Foreign Economic Relations and Trade Commission will
check the qualification and approve the application within one month,and
will issue the applicant the certificate of Export-oriented Enterprise.
The certificate should be kipt by the enterprise,as a basis
for enjoying the
preferential treatments.The duplicates of the ceritificate should be
submitted
to the relevant departments of Industry and Commerce, Tax, Bank, Customs,
Commodity Inspection, Registered Public Accountants and Labor,etc.
15.3 Applying for Advanced Technology Enterprise
Qualified enterprises should submit a written application(with
two copies,
the Standard form required by Beijing foreign economic Relations and
Trade
commission),meanwhile,submit the following documents(with copies dilivered
Beijing Sciened and Technology Commission and Beijing Economic Commission
and the department in charge.
(1)Project report,feasibility study report,contract,charters and the
approval
documents
(2)Duplicates of approval cerrificate,business license and capital
examination
report
(3)Enterprise's self-evaluation on advanced technology
(4)Qualified indentification issued by the government authoritive institutions
(5)Some other necessary documents(such as introduction of domestic,foreign
products and technology level in the same field)
After receiving the application Beijing Foreign Economic Relations
and Trade Commission,Beijing Economic Commission and relevant departments
will check the qualification according to corresponding rules and regulations
and issue the applicant the certificate of Advanced Technology Enterprise,
meanwhile, notify the related departments.
The certificate should be kept by the enterprise,as a basis
for enjoying the
preferential treatments.The duplicates of the certificate should be
submitted
to the departments of Industry and Commerce,Tax,Bank,Customs,commodity
Inspection, Registered Public Accountants and Labor,ect.
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Beijing New Lan Jian Economy And Technology Reserch Center
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