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市場調查報告書

中國投資指南系列(3) 投資中國:外國投資計劃與事業領域的申請與認可指南

The Invest in China Guidebook Series (3) Invest in China: A Guidebook for Application and Approval of Foreign Investment Projects and Business Scope

出版商 Access China Management Consulting
出版日期 2011年12月 商品編碼 224425
內容資訊 英文 251 Pages
價格
本報告書已不再販售

本報告已在2012年04月17日停止出版。

簡介

1980年代以後GDP以年率9%持續成長的中國,對外國企業和投資家來說,成為極具吸引力的市場之1。但是在中國,行政機關嚴格管理登記和外國投資計劃、事業領域等的申請與認可程序之下,缺乏透明度、頻繁變更的行政法規和設立外國資本企業時的必要繁雜手續等,加入門檻並不少。特別是外國投資計劃和事業領域的申請與認可的手續非常繁雜,如不具中國的法律和行政法規相關知識的話,計劃無法有所進展。因此,外國的企業和投資家在中國進行手續時,需要最新的法律和法規相關的充分知識,加上實務的詳細指南等。

本報告,聚焦於外國投資計劃和外國資本所設立的企業事業領域相關的申請與認可手續,提供最新的法律和行政法規的綜合詳細情報,彙整申請與認可的實務相關解說,由下列摘要形式闡述。

第1章 報告摘要

第2章 外國投資計劃與事業領域的申請與認可相關組織

  • 外國投資計劃的申請與認可相關的政府機關
  • 事業領域的申請與認可相關的政府機關

第3章 設立外國資本企業的整體程序

第4章 適用外國投資計劃與事業領域的法律、行政法規、各省規則

  • 中國的法律
  • 適用的法律、行政法規與行政法規、省令與各省規則

第5章 外國投資計劃的確認與認可的申請

  • 外國投資計劃的確認與認可相關的監督機關與權限
  • 外國投資計劃的確認與認可的手續
  • 針對確認與認可的計劃申請報告與文件
  • 針對確認與認可的計劃申請報告與文件的準備
  • 針對確認與申請的條件與效力
  • 建立投資計劃的外國資本企業針對商業部門的監督機關所進行的審查與認可的手續

第6章 事業領域的審查與認可的申請

  • 事業領域的申請與認可的預備知識
  • 金融領域的外國投資審查與認可的申請
  • 商業領域的外國投資審查與認可的申請
  • 服務領域的外國投資審查與認可的申請
  • 地下資源調查與開發領域的外國投資審查與認可的申請

第7章 結論與建議

目錄

*This is part of The Invest in China Guidebook Series (1)~(4). Multi-purchase discounts are available: 20% off for any two; 30% off for any three; 40% off for any four.

Abstract

Executive Summary

China is one of the fastest growing global economies. It has achieved and maintained an annual compound growth rate of GDP well above 9% since the 1980s. China has become the second largest economic entity in the world by 2010. It can be expected to China is one of places attracting foreign companies and investors around the world in the foreseeable future.

In China, government authorities administer and control the process of application and approval for registration, foreign investment projects and business scope for foreign investment enterprise by exorbitant administrative measures and regulations, moreover, these exorbitant administrative regulations are variable and lack of transparency. The legal procedure of setting up a foreign investment enterprise in China, unlike in Western countries, it requires comparatively complex documents. The application and approval of foreign investment projects and business scope is the most complex procedure in the process of setting up a foreign investment enterprise in China. This is involved with not only various Chinese laws and administrative regulations but also various Chinese government authorities. Lack of knowledge of the Chinese laws and administrative regulations, and the cultural difference between China and Western countries as well as the language barriers will increase the challenge faced by foreign companies and investors. Therefore, a detailed guidance of practical operation and a comprehensive and thorough knowledge of the latest Chinese laws and regulations have been become an essential prerequisite for foreign companies and investors.

Invest in China: A Guidebook for Application and Approval of Foreign Investment Projects and Business Scope is the third one of the Guidebook Series for Investing in China. It will focus on the application and approval of foreign investment projects and business scope, which is the most complex procedure in the process of setting up a foreign investment enterprise. It will provide not only a comprehensive and thorough knowledge of the latest Chinese laws and administrative regulations, but also the guidance of practical operation for application and approval of foreign investment projects and business scope for foreign companies and investors.

Chapter 2 will address the Chinese government authorities for examination and approval of foreign investment projects and business scope for foreign investment enterprise, and sketch an organizational chart of the government authorities for examination and approval for investment projects and business scope from the central government authorities, the government authorities of provinces, autonomous regions, municipalities directly under the Central Government to local government authorities. The aim of this chapter is to give direction of gateway for application and approval of investment projects and business scope for foreign investment enterprise.

Chapter 3 will elaborate the entire process of setting up a foreign investment enterprise in China, because the application and approval of foreign investment projects and business scope is the most significant procedure in the process of setting up a foreign investment enterprise.

Chapter 4 will introduce the applicable Chinese laws, administrative regulations, including the departmental regulations and rules, for application and approval of foreign investment projects and business scope for foreign investment enterprise. With the help of these various laws, administrative regulations, including the departmental rules and regulation, audience can clearly acquire a comprehensive and thorough knowledge of the latest Chinese laws and administrative regulations for application and approval of foreign investment projects and business scope, and lay the foundation for practical operation for application and approval of foreign investment projects and business scope for foreign investment enterprise.

Chapter 5 will introduce the practical operation for application and approval of foreign investment projects to guide investors step by step to go through the approval of the Chinese government authorities smoothly.

Chapter 6 will introduce the practical operation for application and approval of business scope for foreign investment enterprise in manner for case by case to guide foreign investors step by step to go through the approval of the Chinese government authorities smoothly.

The guidebook concludes in Chapter 7 by highlighting the significant suggestions for foreign companies and investors looking to achieve a successful application and approval for foreign investment projects and business scope for their companies and enterprises in China.

The another fascicle of the Guidebook Series for Investing in China--- Collection of Chinese Laws and Administrative Regulations for Application and Approval of Foreign Investment Projects and Business Scope will provide the full text in England of variously existing latest in effective Chinese laws, administrative regulations and rules, and departmental regulations and rules for application and approval of foreign investment projects and business scope for foreign investment enterprise, which is associated with this guidebook.

Guidebook Highlights

Invest in China: A Guidebook for Application and Approval of Foreign Investment Projects and Business Scope is an essential resource for foreign companies and investors to achieve a successful entry into the Chinese lucrative market and a low cost manufacturing base. It will focus on the application and approval of foreign investment projects and business scope, which is the most complex procedure in the process of setting up a foreign investment enterprise in China. It will provide not only a comprehensive and thorough knowledge of the latest Chinese laws and administrative regulations, but also the guidance of practical operation for application and approval of foreign investment projects and business scope for foreign investment enterprise to guide foreign investors step by step go through the approval of the Chinese government authorities smoothly.

  • An organizational chart of the government authorities for examination and approval of investment projects and business scope from the central government authorities, the government authorities of provinces, autonomous regions, municipalities directly under the Central Government to local government authorities to give direction of gateway for application and approval of investment projects and business scope for foreign investment enterprise.
  • An entire process of setting up a foreign investment enterprise in China;
  • The framework and category of applicable Chinese laws, administrative regulations, including the departmental regulations and rules for application and approval of foreign investment projects and business scope to help foreign investors lay the foundation for practical operation for application and approval of foreign investment projects and business scope;
  • The practical operation for application and approval of foreign investment projects, from preparing comparatively complex documents to applying for examination and approval, to guide investors step by step to go through the approval of the Chinese government authorities smoothly;
  • The practical operation for application and approval of business scope for foreign investment enterprise in manner for case by case, which covered Chinese authorities license foreign investors to access all four fields with 38 industrial sectors until now, to guide foreign investors step by step to go through the approval of the Chinese government authorities smoothly;
  • The significant suggestions for foreign companies and investors looking to achieve a successful application and approval for foreign investment projects and business scope of their companies and enterprises in China.

Who should buy this report?

  • Foreign companies and investors wishing to enter a lucrative drug market in China.
  • Foreign companies and investors interested in understanding the latest Chinese laws and administrative regulations on application and approval of foreign investment projects and business scope for foreign investment enterprise.
  • Senior executive officers engaging in regulatory and registration affairs for application and approval of foreign investment projects and business scope for foreign investment enterprise.
  • Non-Chinese Chamber of Commerce.
  • Non-Chinese consultative companies engaging in agent service for application of registration for foreign investment enterprises with the Chinese government authorities.
  • Non-Chinese law firms.
  • Non-Chinese universities, colleges, academic & research institutions
  • Non-Chinese university library, public library.

Table of Contents

Preface

Chapter 1. Executive Summary

Chapter 2. Organization of Application and Approval for Foreign Investment Projects and Business Scope

  • 2.1. Government Authorities for Application and Approval for Foreign Investment Projects
    • 2.1.1. Development and Reform Authorities
      • Figure 2.1.1. Organizational Chart of Development and Reform Authorities
    • 2.1.2. Commerce Authorities
      • Figure 2.1.2. Organizational Chart of Commerce Authorities
  • 2.2. Government Authorities for Application and Approval for Business Scope

Chapter 3. Entire Process of Setting up a Foreign Investment Enterprise

  • Figure 3. Entire Process of Setting up a Foreign Investment Enterprise

Chapter 4. Applicable Laws, Administrative Regulations and Departmental Rules for Foreign Investment Projects and Business Scope

  • 4.1. Chinese Legislation
  • 4.2. Applicable Laws, Administrative Regulations and Rules, and Departmental Regulations and Rules
    • Table 4.1. Applicable Laws, Regulations and Rules for Application and Approval of Investment Projects for Foreign Investment Enterprises in Effective
    • Table 4.2. Applicable Laws, Regulations and Rules for Application and Approval of Business Scope for Foreign Investment Enterprises in Effective

Chapter 5. Application for Verification and Approval of Foreign Investment Projects

  • 5.1. Competent Authorities and Authority Limitation for Verification and Approval of Foreign Investment Projects
  • 5.2. Procedures for Verification and Approval of Foreign Investment Projects
    • 5.2.1. Procedures for Projects Subject to Verification and Approval of the National Development and Reform Commission and the State Council
    • 5.2.2. Procedures for Projects Subject to Verification and Approval of the Development and Reform Departments at Provincial Level
    • 5.2.3. Procedures for Project Subject to Verification and Approval of the Development and Reform Departments of Cities or Counties
  • 5.3. Project Application Report and Documents for Verification and Approval
  • 5.4. Preparation for Project Application Report and Documents of Verification and Approval
    • Figure 5.4. An Overall Process for Preparation of Documents and Procedures of Verification and Approval
  • 5.5. Verification and Approval Conditions and Effectiveness
  • 5.6. Examination and Approval of Foreign Investment Enterprises with Investment Projects for Commerce Authorities
    • 5.6.1. Competent Commerce Authorities and Authority Limitation for Examination and Approval of Foreign Investment Enterprises with Investment Projects
    • 5.6.2. Documents and Time Limitation for Examination and Approval of Foreign Investment Enterprises with Investment Projects

Chapter 6. Application for Examination and Approval of Business Scope

  • 6.1. Preparatory Knowledge for Application and Approval of Business Scope
  • 6.2. Application for Examination and Approval of Foreign Investment in Financial Fields
    • 6.2.1. Application for Examination and Approval of Establishment for Foreign-invested Banks
    • 6.2.2. Application for Examination and Approval of Establishment and Business Scope for Foreign-invested Insurance Companies
    • 6.2.3. Application for Examination and Approval of Establishment and Business Scope for Foreign-invested Investment Companies
    • 6.2.4. Application for Examination and Approval of Establishment and Scope Business for Foreign-shared Securities Companies
    • 6.2.5. Application for Examination and Approval of Establishment and Business Scope for Foreign-capital Lease Companies
    • 6.2.6. Application for Examination and Approval of Establishment and Business Scope for Foreign-invested Guarantee Companies
    • 6.2.7. Application for Examination and Approval of Establishment and Business Scope for Foreign-funded Business-starting Investment Enterprises and Business-starting Investment Management Enterprises
      • 6.2.7.1. Application for Examination and Approval of Establishment for Foreign-funded Business-Starting Investment Enterprise
      • 6.2.7.2. Application for Examination and Approval of Establishment for Foreign-funded Business-Starting Investment Management Enterprise
    • 6.2.8. Application for Examination and Approval of Establishment and Business Scope for Sino-foreign Equity Joint Securities Investment Fund Management Company
  • 6.3. Application for Examination and Approval of Foreign Investment in Commercial Fields
    • 6.3.1. Application for Examination and Approval of Establishment and Scope Business for foreign-funded commercial enterprises
    • 6.3.2. Application for Examination and Approval of Establishment and Publications Business Permit for Foreign-invested Books, Newspapers, Magazines and Audio-video Products Distribution Enterprises
    • 6.3.3. Application for Examination and Approval of Establishment and Business Scope for Foreign-invested Automobile Distribution Enterprises
    • 6.3.4. Application for Examination and Approval of Establishment and Refined Oil Business License for Foreign-invested Refined Oil Distribution Enterprises
    • 6.3.5. Application for Examination and Approval of Establishment and Pharmaceutical Trade License for Foreign-invested Drug Distribution Enterprises
    • 6.3.6. Application for Examination and Approval of Establishment for Foreign-invest Auction Companies
    • 6.3.7. Application for Examination and Approval of Establishment for Foreign-invested Direct Selling Enterprises
  • 6.4. Application for Examination and Approval of Foreign Investment in Service Fields
    • 6.4.1. Application for Examination and Approval of Establishment for Foreign-invested Telecommunications Enterprises
    • 6.4.2. Application for Examination and Approval of Establishment and Scope Business for Foreign-invested Aviation Enterprises
    • 6.4.3. Application for Examination and Approval of Establishment for Foreign-invested International Freight Forwarding Agent Enterprises
    • 6.4.4. Application for Examination and Approval of Establishment for Foreign-invested Railway Freight Transport Enterprises
    • 6.4.5. Application for Examination and Approval of Establishment for Foreign-invested Road Transport Enterprises
    • 6.4.6. Application for Examination and Approval of Establishment for Foreign-invested International Maritime Transportation Enterprises
    • 6.4.7. Application for Examination and Approval of Establishment for Foreign-invested Travel Agencies
    • 6.4.8. Application for Examination and Approval of Establishment for Foreign-invested Urban Planning Services Enterprises
    • 6.4.9. Application for Examination and Approval of Establishment for Foreign-invested Construction Design Enterprises
    • 6.4.10. Application for Examination and Approval of Establishment for Foreign-invested Construction Enterprises
    • 6.4.11. Application for Examination and Approval of Establishment for Foreign-invested Cinemas Enterprises
    • 6.4.12. Application for Examination and Approval of Establishment for Foreign-invested Movie Production Companies
    • 6.4.13. Application for Examination and Approval of Establishment for Foreign-invested Meeting and Exhibition Companies
    • 6.4.14. Application for Examination and Approval of Establishment for Foreign-invested Job Intermediary Institution
    • 6.4.15. Application for Examination and Approval of Establishment for Foreign-invested Commodities Inspection and Authentication Institutions
    • 6.4.16. Application for Examination and Approval of Establishment for Foreign-invested Advertising Enterprises
    • 6.4.17. Application for Examination and Approval of Establishment for Foreign-invested Printing Enterprises
    • 6.4.18. Application for Examination and Approval of Establishment for Sino-foreign Co-operative Accounting Firms
    • 6.4.19. Application for Examination and Approval of Establishment for Foreign-invested Commercial Performance Organizations
    • 6.4.20. Application for Examination and Approval of Establishment for Sino-Foreign Joint Venture and Cooperative Medical Institutions
  • 6.5. Application for Examination and Approval of Foreign Investment in Mineral Resources Exploration and Exploitation Fields
    • 6.5.1. Application for Examination and Approval of Establishment for Foreign-Invested Mineral Exploration Enterprises
    • 6.5.2. Application for Examination and Approval of Establishment for Sino-foreign Cooperation Onshore Petroleum Resources Exploration Enterprises
    • 6.5.3. Application for Examination and Approval of Establishment for Sino-foreign Cooperation Offshore Petroleum Resources Exploration Enterprises

Chapter 7. Conclusion and Suggestions

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