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 provides the full text in English 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 to guide foreign companies and investors step by step to go through the approval of the Chinese government authorities smoothly.
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 English 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 English 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.
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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 2011)
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
3.2.1.2.1The Administrative Regulation of Insurance Companies with Foreign Investment of the People's Republic of China
3.2.1.2.2The 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)
3.2.1.4.2The 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
3.2.3.7.2The Detailed Rules for Implementation of Regulation on Travel Agencies
3.2.3.7.3The 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..638
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)
List of Tables
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
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