本報告已在2012年04月17日停止出版。
更改為出版
The Invest in China Guidebook Series (4): Collection of Chinese Laws and Administrative Regulations for Application and Approval of Foreign Investment Projects and Business Scope (Second Edition)
出版日期 : 2012年04月
商品編碼: 237294
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，收集現在在中國所實施外國投資計劃和外國資本設立企業事業領域的申請與認可相關法律和規範等，並彙整包含相關省令和各省規則等的法律與法規的架構解說，由下列摘要形式闡述。
第1章 報告摘要
第2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3章 適用外國投資計劃與事業領域的申請與認可的法律與行政法規
- 適用外國投資計劃的申請與認可的法律、行政法規、省令
- 外國投資計劃認可權限的下級機關的委任相關國家發展改革委員會的通知
- 外國投資認可權限的地方行政機關的委任相關商務省的公告
- 外國投資業界相關方針一覽（2007年修改）
- 適用促進中西部地區的外國投資優惠措施的業界一覽（2008年修改）
- 外國投資計劃的檢証與認可管理的相關暫時措施
- 管理建設計劃的土地使用相關事前審查的措施（2008年修改）
- 環境影響評估相關法律
- 建設計劃的環境影響評估文件的階段性調查與認可相關法規
- 固定資產投資計劃的能源效率的評價與調查相關暫時法規
- 企業登記資本額記載的相關管理規定
- 中國與外國的合併事業登記資本額比率與投資總額的相關國家工商行政管理總局的暫時規定
- 適用事業領域的申請與認可的法律、行政法規、省令
- 適用金融領域的外國投資申請與認可的法律、行政法規、省令
- 適用商業領域的外國投資申請與認可的法律、行政法規、省令
- 適用服務領域的外國投資申請與認可的法律、行政法規、省令
- 適用礦物資源調查與開發領域的外國投資申請與認可的法律、行政法規、省令
*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.
Collection of Chinese Laws and Administrative Regulations for Application and
Approval of Foreign Investment Projects and Business Scope is the fourth one
of the Guidebook Series for Investing in China. It 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 the third fascicle
of the Guidebook Series for Investing in China----- Invest in China: A
Guidebook for Application and Approval of Foreign Investment Projects and
Business Scope.
Chapter 2 will introduce 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 for foreign investment enterprise. With the help of the
framework and category of various laws, administrative regulations, including
the departmental rules and regulation, audience can clearly acquire a an
overview of the latest Chinese laws and administrative regulations for
application and approval of foreign investment projects and business scope for
foreign investment enterprise, and lay the foundation for practical operation
for application and approval of foreign investment projects and business scope
for foreign investment enterprise.
Chapter 3 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. In
order to facilitate foreign investors to retrieve and understand the latest
laws, administrative regulations and rules, and the departmental regulations
and rules for application and approval of foreign investment projects and
business scope of foreign investment enterprises that are in effective until
now, these laws, administrative regulations and rules, and the departmental
regulations and rules will be collected as two categories. The first category
is involved with the application and approval of foreign investment projects.
The second category is involved with the application and approval of business
scope. Owing to the application and approval of business scope is governed by
numerously individual administrative regulations or rules, as well as the
measures for case issued by the State Council, the Ministry of Commerce and
the sector's competent authorities according to the foreign investment
enterprise engaging in sector, so that the second category further is divided
into some sub-categories, such as financial fields, commercial fields, service
fields, as well as mineral resources exploration and exploitation fields. Then
every sub-category further is divided into several specific categories in
manner for case by case, such as bank, insurance company, commercial company,
travel agency, logistic company, conference exhibit company, city planning
service company, printing company, civil aviation company, direct marketing
company, and so on.
After have skimmed through this guidebook, audience can clearly aware of a
comprehensive and thorough knowledge of the latest Chinese laws and
administrative regulations for application and approval of foreign investment
projects and business scope for foreign investment enterprise, and begin the
practical operation for application and approval of foreign investment
projects and business scope for foreign investment enterprise with the Chinese
government authorities smoothly.
Guidebook Highlights
Collection of Chinese Laws and Administrative Regulations 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
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.
- 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, which covered
Chinese authorities license foreign investors to access all manufacturing
industries and all four fields of non-manufacturing industries with 38
industrial sectors until now ;
- The full text in England of entirely 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 enterprises, which represented 66 laws,
administrative regulations and rules, and departmental regulations and rules
involving with all manufacturing industries and all four fields of
non-manufacturing industries with 38 industrial sectors that Chinese
authorities license foreign investors to access until now;
- It associated with the third fascicle of the Guidebook Series for
Investing in China----- Invest in China: A Guidebook for Application and
Approval of Foreign Investment Projects and Business Scope to guide foreign
companies and investors step by step go through the application and approval
of foreign investment projects and business scope for foreign investment
enterprise smoothly.
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 consultative companies engaging in agent service for
application of registration for foreign investment enterprises with the
Chinese government authorities.
- Non-Chinese Chamber of Commerce.
- 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. Applicable Laws, Administrative Regulations and Departmental Rules for Foreign Investment Projects and Business Scope
- 2.1. Chinese Legislation
- 2.2. Applicable Laws, Administrative Regulations and Rules, and
Departmental Regulations and Rules
- Table 2.1. Applicable Laws, Regulations and Rules for Application and
Approval of Investment Projects for Foreign Investment Enterprises in
Effective
- Table 2.2. Applicable Laws, Regulations and Rules for Application and
Approval of Business Scope for Foreign Investment Enterprises in Effective
Chapter 3. Applicable Laws and Administrative Regulations for Application and Approval of Foreign Investment Projects and Business Scope
- 3.1. Applicable Laws, Administrative Regulations and Departmental Rules
for Application and Approval of Foreign Investment Projects
- 3.1.1. Notice of the National Development and Reform Commission on
Delegating Powers on Approval of Foreign Investment Projects to Authorities
at Lower Levels
- 3.1.2. Circular of the Ministry of Commerce on Delegating Approval
Authority over Foreign Investment to Local Counterparts
- 3.1.3. Catalogue for the Guidance of Foreign Investment Industries
(Amended in 2007)
- 3.1.4. Catalogue of Advantaged Industries for Foreign Investment in the
Central-Western Region (Amended in 2008)
- 3.1.5. Interim Measures for the Administration of Verification and
Approving Foreign Investment Projects
- 3.1.6. Measures for Administration of Preliminary Review of Land Use for
Construction Projects (Amended 2008)
- 3.1.7. Law of the People's Republic of China on Appraising of
Environment Impacts
- 3.1.8. Regulations on Graded Examination and Approval of Environmental
Impact Assessment Documents of Construction Projects
- 3.1.9. Interim Regulations on Energy Efficiency Assessment and
Examination with Respect to Fixed-Asset Investment Projects
- 3.1.10. Administrative Provisions on the Registration of Company's
Registered Capital
- 3.1.11. Interim Provisions of the State Administration for Industry and
Commerce Concerning the Proportion of registered capital and total amount of
investment for Chinese-foreign equity joint ventures
- 3.2. Applicable Laws, Administrative Regulations and Departmental Rules
for Application and Approval of Business Scope
- 3.2.1. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign Investment in Financial Fields
- 3.2.1.1. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Banks
- 3.2.1.1.1. The Regulations on the Administration of Foreign-invested
Banks of the People's Republic of China
- 3.2.1.1.2. The Detailed Rules for the Implementation of the
Regulations on the Administration of Foreign-invested Banks of the
People's Republic of China
- 3.2.1.2. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Insurance Companies
- 3.2.1.2.1. The Administrative Regulation of Insurance Companies with
Foreign Investment of the People's Republic of China
- 3.2.1.2.2. The Detailed Rules for the Implementation of the
Administrative Regulation on Foreign-funded Insurance Companies of the
People's Republic of China
- 3.2.1.3. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Investment Companies
- 3.2.1.3.1.The Provisions on the Establishment of Investment
Companies by Foreign Investors
- 3.2.1.3.2.The Supplementary Provisions to the Provisions on the
Establishment of Investment Companies by Foreign Investors
- 3.2.1.4. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-shared Securities Companies
- 3.2.1.4.1. The Securities Law of the People's Republic of China
(revised 2005)
- 3.2.1.4.2. The Rules for Setting up of Foreign-shared Securities
Companies (Amended 2007)
- 3.2.1.5. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-capital Lease Companies
- 3.2.1.5.1. The Measures for the Administration of Foreign-capital
Lease Industry
- 3.2.1.6. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Guarantee Companies
- 3.2.1.6.1. The Guidelines for Approval of Foreign Investors to
Invest in the Guarantee Industry
- 3.2.1.7. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-funded Business-starting
Investment Enterprises and Business-starting Investment Management
Enterprises
- 3.2.1.7.1. The Provisions Concerning the Administration of
Foreign-funded Business-starting Investment Enterprises
- 3.2.1.8. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Sino-foreign Equity Joint Securities
Investment Fund Management Company
- 3.2.1.8.1. The Measures for the Administration of Securities
Investment Fund Management Companies
- 3.2.2. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign Investment in Commercial Fields
- 3.2.2.1. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-funded Commercial Enterprises
- 3.2.2.1.1. The Measures for the Administration on Foreign Investment
in Commercial Fields
- 3.2.2.2. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Books, Newspapers,
Magazines and Audio-video Products Distribution Enterprises
- 3.2.2.2.1. The Provisions on the Administration of Publications
Market
- 3.2.2.3. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Automobile
Distribution Enterprises
- 3.2.2.3.1. The Implementing Measures on Management of Automobile
Brand Marketing
- 3.2.2.3.2. The Archival-filing Materials for Project Application of
Measures for the Implementation of the Administration of Automobile
Brand Sales
- 3.2.2.4. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Refined Oil
Distribution Enterprises
- 3.2.2.4.1. The Measures for the Administration of the Refined Oil
Market
- 3.2.2.5. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Drug Distribution
Enterprises
- 3.2.2.5.1. The Measures for the Administration of Pharmaceutical
Trade License
- 3.2.2.6. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invest Auction Companies
- 3.2.2.6.1. The Measures for the Administration of Auctions
- 3.2.2.7. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Direct Selling
Enterprises
- 3.2.2.7.1. The Regulations on Direct Selling Administration
- 3.2.3. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign Investment in Service Fields
- 3.2.3.1. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Telecommunications
Enterprises
- 3.2.3.1.1. The Provisions on the Administration of
Telecommunications Enterprises with Foreign Investment (Amended 2008)
- 3.2.3.1.2. The Telecommunications Regulation of the People's
Republic of China
- 3.2.3.2. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Aviation Enterprises
- 3.2.3.2.1. The Provisions on Foreign Investment in Civil Aviation
- 3.2.3.2.2. The Supplementary Provisions No.1 to 5 for the Provisions
on Foreign Investment in the Civil Aviation Industry
- 3.2.3.3. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested International
Freight Forwarding Agent Enterprises
- 3.2.3.3.1. The Measures Governing Foreign-funded International
Freight Forwarding Agent Enterprises
- 3.2.3.4. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Railway Freight
Transport Enterprises
- 3.2.3.4.1. The Interim Measures on Examination, Approval and
Administration of Railway Freight Transport Industry Invested by
Foreigners
- 3.2.3.5. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Road Transport
Enterprises
- 3.2.3.5.1. The Provisions on the Administration of Road Transport
Services with Foreign Investment
- 3.2.3.5.2. The Supplementary Provisions on the Administration of
Foreign Investment in Road Transport Sector
- 3.2.3.6. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested International
Maritime Transportation Enterprises
- 3.2.3.6.1. The Provisions on Administration of Foreign Investment in
International Maritime Transportation
- 3.2.3.6.2. The Regulations of the People's Republic of China on
International Ocean Shipping
- 3.2.3.6.3. The Implementing Rules of the Regulations of the People's
Republic of china on International Maritime Transportation
- 3.2.3.6.4. The Interim Measures for the Examination and Approval of
Wholly Foreign-funded Shipping Companies
- 3.2.3.7. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Travel Agencies
- 3.2.3.7.1. The Regulation on Travel Agencies
- 3.2.3.7.2. The Detailed Rules for Implementation of Regulation on
Travel Agencies
- 3.2.3.7.3. The Tentative Measures for Supervising Pilot Operation of
Overseas Tourism Business by Sino-foreign Joint Venture Travel Agencies
- 3.2.3.8. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Urban Planning
Services Enterprises
- 3.2.3.8.1. The Provisions on the Administration of Urban Planning
Service Enterprise with Foreign Investment
- 3.2.3.9. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Construction Design
Enterprises
- 3.2.3.9.1. The Regulations on Foreign-invested Construction Design
Enterprises
- 3.2.3.9.2. The Detailed Rules for the Implementation of the
Provisions on Administering Foreign-invested Construction Engineering
Design Enterprises
- 3.2.3.10. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Construction
Enterprises
- 3.2.3.10.1. The Regulations on Construction Enterprises with Foreign
Investment
- 3.2.3.10.2. The Implementation Measures of the Ministry of
Construction on Qualification Administration in the Administrative
Provisions on Enterprise Management of Construction Enterprises with
Foreign Investment
- 3.2.3.11. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Cinemas Enterprises
- 3.2.3.11.1. The Provisional Regulation on Investment in Cinemas by
Foreign Investors
- 3.2.3.12. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Movie Production
Companies
- 3.2.3.12.1. The Interim Provisions on Operation Qualification Access
for Movie Enterprises
- 3.2.3.13. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Meeting and
Exhibition Companies
- 3.2.3.13.1. The Interim Provisions Concerning Establishment of
Meeting and Exhibition Company on Foreign Businessman Investment
- 3.2.3.14. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Job Intermediary
Institutions
- 3.2.3.14.1. The Interim Provisions on the Administration of
Chinese-foreign Joint Venture and Chinese-foreign Cooperative Job
Intermediary Institutions
- 3.2.3.14.2. The Interim Provisions Concerning the Management of
Chinese-foreign Joint Job Intermediaries
- 3.2.3.15. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Commodities
Inspection and Authentication Institutions
- 3.2.3.15.1. The Measure for the Administration of Inspection and
Authenticating Institutions on Import and Export Goods
- 3.2.3.16. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Advertising
Enterprises
- 3.2.3.16.1. The Provisions on the Administration of Foreign-invested
Advertising Enterprises
- 3.2.3.17. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Printing Enterprises
- 3.2.3.17.1. The Interim Provisions on the Establishment of Printing
Enterprises with Foreign Investment
- 3.2.3.18. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Sino-foreign Co-operative Accounting
Firms
- 3.2.3.18.1. The Administration of Sino-foreign Co-operative
Accounting Firms Tentative Procedures
- 3.2.3.19. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-invested Commercial
Performance Organizations
- 3.2.3.19.1. The Regulation on the Administration of Commercial
Performances
- 3.2.3.19.2. The Detailed Rules for the Implementation of the
Regulation on the Administration of Commercial Performance
- 3.2.3.20. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Sino-Foreign Joint Venture and
Cooperative Medical Institutions
- 3.2.3.20.1. The Interim Measures for Administration of
Chinese-foreign Joint Venture and Cooperative Medical Institutions
- 3.2.4. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign Investment in Mineral
Resources Exploration and Exploitation Fields
- 3.2.4.1. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Foreign-Invested Mineral Exploration
Enterprises
- 3.2.4.1.1. The Measures for the Administration of Foreign-Invested
Mineral Exploration Enterprises
- 3.2.4.2. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Sino-foreign Cooperation Onshore
Petroleum Resources Exploration Enterprises
- 3.2.4.2.1. The Regulations of the People's Republic of China on
Sino-foreign Cooperation in Exploration of Onshore Petroleum Resources
(Revised in 2011)
- 3.2.4.3. Applicable Laws, Administrative Regulations and Departmental
Rules for Application and Approval of Sino-foreign Cooperation Offshore
Petroleum Resources Exploration Enterprises
- 3.2.4.3.1. The Regulations of the People's Republic of China
Concerning the Exploitation of Offshore Petroleum Resources in
Cooperation with Foreign Enterprises (Amended 2011)
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