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Related Foreign Investment Policies

Related Foreign Investment Policies

Write: Lyn [2011-05-20]
I. Industrial Policies
Article 1 The provisions formulated according to the related legal provisions on foreign investment and requirements of industrial policies of the State shall apply to the projects of Sino-foreign joint ventures, Sino-foreign cooperative enterprises, wholly foreign owned enterprises, as well as to other forms of foreign investment within the territory of Nanning.
Article 2 Catalogue for the Guidance of Foreign Investment Industries and Catalogue of Guangxi Foreign Investment on Advantageous Industries shall be the basis for the guidance of examination and approval of foreign invested projects and foreign invested enterprises.
Article 3 Foreign invested projects shall be classified into four categories: encouraged, permitted, restricted and prohibited projects. Foreign invested projects belonging to encouraged, restricted and prohibited categories are listed in the Catalogue for the Guidance of Foreign Invested Industries . Projects not listed in the Catalogue for the Guidance of Foreign Invested Industries are of the permitted catalogue.
Article 4 The permitted foreign invested projects in which all products are directly exported to the overseas market shall be classified as encouraged foreign invested projects. The restricted foreign invested projects in which export exceeds 70 percent of the total sales and approved by the Guangxi People s Government or the administrative department of the State Council shall be classified as the permitted foreign invested projects.
Article 5 The projects listed in the Catalogue of Guangxi Foreign Investment on Advantageous Industries shall be classified as encouraged foreign invested projects.
II. Preferential Tax Policies
Article 1 Preferential Tax Policies for Foreign Invested Enterprises in the National Encouraged Category
Foreign invested enterprises in the national encouraged category refer to enterprises listed in the encouraged projects of the Catalogue for the Guidance of Foreign Invested Industries and enterprises in which the core business belong to the listed projects in the Catalogue of Guangxi Foreign Investment on Advantageous Industries and the core business exceeds 70 percent of the total revenue
1. From 2001 to 2010, the enterprise income tax is levied at a reduced rate of 15%.
2. Any enterprise that purchases equipment for their own projects within the total amount of investment, except commodities included in Catalogue of Imported Commodities with no Tax Exemption for Foreign Invested Enterprises , shall be exempt from the tariff and import-stage value-added tax.
3. Any enterprise that purchases equipment as well as its supporting technology, fittings, and spare parts by using equity fund not included in the total investment for the reason that the equipment is not produced in China or the equipment made in China can not meet the demand of the project, except commodities included in Catalogue of imported commodities with no tax exemption for enterprises with foreign investment , shall be exempt from the tariff and import-stage value-added tax.
4. For any enterprise that purchases equipment made in China within the total amount of investment, except commodities included in Catalogue of Imported Commodities with no Tax Exemption for Foreign Invested Enterprises , 40 percent of the investment for purchasing equipment made in China can be offset from the increased amount of enterprise income tax paid in the current year of purchasing the equipment over the previous year.
5. For any enterprise that purchases equipment made in China for reconstructing its current facilities and production technology with fund not included in the total investment, 40 percent of the investment for purchasing equipment made in China can be offset from the increased amount of enterprise income tax paid in the current year of purchasing the equipment over the previous year.
6. Any enterprise that purchases equipment made in China within the total amount of investment, except commodities included in Catalogue of Imported Commodities with no Tax Exemption for Foreign Invested Enterprises , shall be refunded all the value-added tax.
7. Imported equipment listed in the Catalogue of Imported Commodities with no Tax Exemption for Foreign Invested Enterprises includes television, video camera, video recorder, acoustics, air conditioner, refrigerator, washing machine, camera, duplicating machine, program controlled telephone exchanger, microcomputer and its peripheral equipment, telephone, wireless pager, fax, electric calculator, typewriter and word processing machine, automobile, motorcycle, etc.
8. For any foreign invested enterprise falling into national encouraged category in Catalogue for the Guidance of Foreign Invested Industries , if the reinvested newly-increased registered capital reaches or exceeds 60 million dollars, or if the reinvested newly-increased registered capital reaches or exceeds 15 million dollars and reaches or exceeds 50 percent of the original corporate registered capital, the income of the investors of the foreign enterprise who reinvests the projects without the original contract, approved by Guangxi Taxation Bureau, can be independently calculated and enjoy the regular preferential tax policies as follows: foreign invested enterprise shall be exempt from enterprise income tax for the first two profit netting years and have their tax rate reduced by 50 percent in the next three years, or foreign invested enterprise shall be exempt from enterprise income tax for the first five profit netting years and have their tax rate reduced by 50 percent in the next five years.
Article 2 Long-term reduced enterprise income tax rate applied to the following industries:
1. Productive foreign invested enterprise established in the Nanning Economic & Technological Development Zone and Foreign invested enterprises established in the Nanning New & High-Tech Industrial Development Zone and approved as High-Tech enterprises by Guangxi Science and Technology Bureau are levied at a long-term reduced enterprise income tax rate of 15 percent.
2. Productive foreign invested enterprises established in Nanning are levied at a long-term reduced enterprise income tax rate of 24 percent. Any foreign invested enterprise falling into national encouraged category is levied at a reduced enterprise income tax rate of 15 percent from 2001 to 2010.
Productive foreign invested enterprise refers to the following enterprises:
A machinery manufacturing and electric industry
B energy industry (excluding exploitation of petroleum and natural gas
C metallurgy, chemical industry and building material industry
D light industry, textile industry and packing industry
E medical appliance and pharmaceutical industry
F agriculture, forestry, animal husbandry, fishery and water conservancy industry
G construction industry
H transportation (excluding passenger transport)
I science and technology development, geologic survey, industrial information consultation and production facility, sophisticated equipment maintenance service for the production
New & High-tech enterprise refers to the following enterprises engaged in the following new and high technology:
A Electronics and information technology
B Biological engineering and new medical technology
C New materials and application technology
D Advanced manufacturing technology
E Aviation technology
F Modern agricultural technology
G New energy sources and high-efficient energy conservation technology
H New environmental protection technology
I Marine engineering technology
J Nuclear application technology
K Other new industries and technologies applied in the reconstruction of the traditional industries
Article 3 Regular reduced or free enterprise income tax applied to the enterprises under the following circumstances:
1. Productive foreign invested enterprise with business term exceeding 10 years shall be exempt from enterprise income tax for the first two profit netting years and have their tax rate reduced by 50 percent in the next three years, shortened as two-year exemption and three-year half reduction . The foreign invested enterprises in the national encouraged category have their tax rate reduced by 50 percent at the tax rate of 15 percent from 2001 to 2010.
2. Sino-Foreign joint ventures, engaged in harbor and dock construction, with business term exceeding 15 years shall be exempt from enterprise income tax for the first five profit netting years and have their tax rate reduced by 50 percent in the next five years.
3. Sino-Foreign joint ventures, established in the Nanning New & High-Tech Industrial Development Zone and approved as High-Tech enterprises by Guangxi Science and Technology Bureau, with business term exceeding 10 years shall be exempt from enterprise income tax for the first two profit netting years. The first clause shall apply to the productive foreign invested enterprises and the foreign invested enterprises in the national encouraged category.
4. The enterprise tax rate of an export-oriented enterprise with foreign investment shall be reduced by 50 percent if their export exceeds 70 percent of the total output value of the same year after expiration of the tax exemption and abatement period in light of the above-mentioned two-year exemption and three-year half reduction regulation. In case an export-oriented enterprise meets the standard of being levied with 15 percent of enterprise tax rate, it shall be levied with 10 percent Export-oriented enterprises with foreign investment are approved by Guangxi Commerce Bureau.
5. The enterprise income tax of an advanced hi-tech enterprise with foreign investment whose business term exceeding 10 years shall be reduced by 50 percent for three more years if it is still identified as an advanced hi-tech enterprise after expiration of the tax exemption and abatement period in light of the above-mentioned two-year exemption and three-year half reduction regulation.
A manufacturing enterprise which is in conformity with the State's Industrial Guidance of Investment Incentive and which adopts internationally advanced and applicable process for manufacturing, technology, and equipment, and the quality and technology of whose products taking the lead in the domestic market, can be confirmed as an advanced hi-tech enterprise. In getting that name, a foreign invested company should first apply to Guangxi Bureau of Commerce and get verified after examination.
6. In case an enterprise with foreign investment is with an operating period of more than 10 years, its enterprise income tax is, commencing from the year in which it starts to make profit, exempted in the first and the second year, and levied with a 50 per cent reduction from the third to the fifth year. Transport enterprises refer to new enterprises that are investing in the management of roads, railroads, airports, harbors, docks, and pipeline, etc.; electrical enterprises refer to new enterprises that are investing in electrical management; water conservancy enterprises refer to new enterprises that are investing in development of water conservancy and flood control, including harnessing rivers and lakes, flood control, irrigation, water supply, protection of water resources, hydropower, dredging the river bed, embankment construction of rivers and seas, etc; post enterprises refer to new enterprises that are investing in post management; and enterprises in broadcast and TV industry refer to new enterprises that are investing in the management of broadcasting and television. The main business income of the above-mentioned enterprises should account for 70% of their total income or above.
Article 4 Enterprises with foreign investment which satisfy one of the following shall be exempt from local income tax.
  1. Enterprises that are enjoying the 2-year exemption and 3-year half reduction of income tax in accordance with The Taxation Law.
  2. Enterprises that belong to state-encouraged enterprises or Guangxi-encouraged advantageous industries.
  3. Enterprises that belong to advanced hi-tech enterprises with foreign investment or enterprises with a portion of output value in exports exceeding 50% of the annual output value.
  4. Enterprises that are established in the development zones and poverty-stricken counties confirmed by the State and Guangxi.
  5. Enterprises that invest in the fields of farming, forestry, animal husbandry and fishery.
  6. Enterprises that transfer the income from research result, including special technology at or above provincial level in Nanning.
  7. Enterprises with a total investment of over three million USD but with a current year profit of less than one million yuan.
  8. Enterprises that are investing in the construction and management of infrastructure, such as power supplies, transportation, harbors and docks, etc.
Article 5 Other preferential treatment concerning tax and income
  1. The profits earned by a foreign investor from an enterprise with foreign investment are exempted from income tax.
  2. Where a foreign investor of an enterprise with foreign investment uses its profits earned from the enterprise directly to reinvest into the enterprise for increasing its registered capital, or uses its profits as capital to invest and establish other enterprises with foreign investment with the operating period not less than five years, 40 per cent of the income tax amount already charged on the reinvested portion shall be refunded.
  3. In case the reinvestment in establishing or enlarging export enterprise or advanced hi-tech enterprise has been withdrawn before the expiration of five full years, the amount of refunded tax shall be refunded.
  4. In case the reinvested enterprise in Nanning has a proportion of no less than 25 per cent of foreign investment in its registered capital, it shall be entitled to the preferential treatment for enterprises with foreign investment.
  5. For those research & development centers with foreign investment and advanced hi-tech as well as export-oriented enterprises with foreign investment which are in need of technological transformation, they can utilize their equity fund not included in the total investment to purchase equipment as well as its supporting technology, fittings, and spare parts for the reason that the equipment is not produced in China or the equipment made in China can not meet the demand of the project with exemption from the tariff and import-stage value-added tax, except commodities included in Catalogue of imported commodities with no tax exemption for enterprises with foreign investment .
  6. The technology development expenses of foreign invested enterprises exceeding 10% than previous year is permitted to have a deduction of its taxable income in that year for a 50% of its incurred technological development expenses.
  7. Tariff and import-stage value-added tax incurred by purchasing equipment for projects with foreign investment that export all permitted products will be refunded at a rate of 20% per year and all refunded within five years after the examination and approval of the competent commercial department.
III. Land Policy
Article 1 Enterprises with foreign investment can apply for the right to the use of state-owned land in the following cases.
1. The assignment of the right to the use of state-owned land upon consideration
The State, as the owner of the land who, within the term of a certain number of years, assigns the right to the use of the land to land users, who shall in turn pay fees for the assignment thereof to the State. The assignment of the right to the use of the land may be carried out by reaching an agreement through consultations, by invitation to bid, by auction or by listing. Land users shall sign an assignment contract with Land Bureau. After paying the total amount of the fee for the assignment of the right to the use of the land, the land user shall go through the registration thereof, obtain the certificate for land use. Users of the land who have obtained the right to the use of the land in accordance with these Regulations may transfer, lease, or mortgage the right to the use of the land. The maximum term with respect to the assigned right to the use of the land shall be determined respectively in the light of the purposes listed below:
(1) 70 years for residential purposes;
(2) 50 years for industrial purposes;
(3) 50 years for the purposes of education, science, culture, public health and physical education;
(4) 40 years for commercial, tourist and recreational purposes;
(5) 50 years for comprehensive utilization or other purposes.
2. The transfer of the right to the use of state-owned land upon consideration
The land user re-assigns the right to the use of the land to other land users upon consideration. A transfer contract shall be sighed for the transfer of the right to the use of the land. The land user who has acquired the right to the use of the land by means of the transfer thereof shall have a term of use which is the remainder of the assigning number of the years minus the number of the years in which the original land user has used the land.
3. The use right of the land as conditions for equity or cooperation
The use right for the land can be priced and converted into shares or used as conditions for equity or cooperative joint ventures with other organizations or individuals by the land user. However, the land user shall go through procedure of land use in the project-located Land Bureau. In case the land is obtained through administrative allocation, the land user must replenish the transfer procedure and turn in the transferring fund he has to pay.
4. The lease of the right to the use of state-owned land
The land users as the lessor lease the right to the use of the land together with the above-ground buildings and other attached objects to the lessee for use who shall in turn pay lease rentals to the lessor. A lease contract shall be signed for leasing the right to the use of the land by and between the lessor and the lessee. In case the land user leases the allocated right to the use of the land, the land user must replenish the transfer procedure and turn in the transferring fund he has to pay.
Article 2 Enterprises with foreign investment can apply for the right to the use of collective-owned land in the following cases:
  1. The State shall first make a requisition of the collective-owned land to turn it into state-owned land and then transfer to enterprises with foreign investment. Collective-owned land cannot be directly transferred or leased.
  2. The use right for the collective-owned land can be priced and converted into shares or used as conditions for equity or cooperative joint ventures by rural collective economic organizations or township enterprises. However, it shall obtain approval from the government at county level and its ownership shall not be changed and the shares of collective-owned land shall not be transferred.
Article 3 Procedure that enterprises with foreign investment shall go through to obtain the right for land use
After the foreign investors have applied and received authorization certificate and business license, they can apply to the Land Bureaus of government at county level or above for the use right for the land by means of assigning the use right upon consideration, transferring the use right upon consideration or leasing the use right. Land users shall sign a contract of land-use right upon consideration with Land Bureau, which will issue an instrument of construction land ratification. After paying the total amount of the fee for land use upon consideration, the land user shall go through the registration procedure in accordance with regulations, and obtain the certificate for land use.
IV. Policies for planning and approval
Article 1 Procedures of examination and approval
1. Projects with foreign investment that are in need of construction land in urban planning area shall apply to the competent planning bureau at county level or above for project location, and the planning bureau will issue a planning permit of construction land after the bureau verifies its location and boundaries and presents terms of design.
2. Projects with foreign investment that will newly construct, transform, or enlarge buildings, structures, roads, pipelines, and other designs in urban planning area shall submit the approval documents of the project to the bureau of urban planning to apply for a planning permit.
Article 2 Application materials to be submitted
1. The following materials should be submitted to obtain a land use permit
1 Basic materials
A. Project application report
B. Project approval
C. A roadmap of the selected site (600 or 1: 1000 )
D. Power of attorney
E. Application for site location
F. Certificate of approval of construction land
G. Business license (the original for verification and a copy for submission )
2 A real estate project need submit the following materials besides the above mentioned basic materials.
A. Qualification Certificate
B. In case the project conforms to Comfortable Housing Project, opinions about the project by the relevant department shall be submitted if applying for land use.
C. Interim Approval of Real Estate Development Project in Old Town (obtained in the Construction Committee )
2. The following materials should be submitted to obtain a planning permit.
l Application form for a planning permit
2 Power of attorney and a copy of the ID card of the handler
3 Project approval ( the original for verification and a copy for submission )
4 Tender award notification or Certificate of Contracting Approval
5 Certificate of land and the copy of attached map; copies of the land use permit and its attached map as well as the approval certificate of land use and its attached map shall also be submitted if it is newly expropriated land after 1992.
6 Three sets of construction drawings (design drawings and basic planimetric map), including one set of drawings with a seal of technological approval by the Construction Committee.
7 The original blue line map
8 Blue print
9 The original general layout map
10 Preliminary evaluation by Fire Department in case it is a project of high-rise building, public building, warehouse, or workshop
11 Preliminary evaluation by Environmental Department in case it is a project for industrial production
12 Preliminary evaluation by Department of Health in case it is a project of food & beverage service construction, service buildings, staff cafeteria, or kindergartens, etc.
V. Limits of authority for examination and approval in environmental protection
Article . Categories of environmental protection of investment projects
In accordance with the trade, technology, scale and pollution state of the project, the invested project can be divided into three categories judging by its pollution degree. A type refers to projects that will make a deep impact on environment, B type refers to projects that will make a slight impact on environment, and C type refers to projects that will make very slight impact on environment.
  1. A type projects shall draw up the environmental impact statement to make a full and detailed evaluation on the pollution caused by the project and its environmental impact.
  2. B type projects shall draw up the environmental impact statement to make an analysis or a specific evaluation on the pollution caused by the project and its environmental impact.
  3. C type projects need not submit the environmental impact statement, but it is required to fill in a registration form on environmental impact.
Article 2 Procedures for approval of environmental impact evaluation
1. In the project application phase
(1) Project holder shall consult the Environmental Protection Bureau where the project locates to make clear the type of environment impact evaluation.
(2) Project holder shall entrust qualified institution for environment impact evaluation to draw up the outline of environment impact evaluation of the project.
(3) The Environmental Protection Bureau shall examine and approve the outline of environment impact evaluation.
4 The environmental impact statement or table drafted
(5) The environmental impact statement approved
2. In the design and construction phase
(1) Examination and verification of the undergoing design of environmental portion by the Environmental Protection Bureau.
(2) The environmental protection auxiliary facilities shall be synchronized in design, construction, putting into operation; meanwhile, the Environmental Protection Bureau shall exert their authority of supervision and administration.
3. In the completion and delivery phase
Upon completion of the project, the owner shall apply to the Environmental Protection Bureau or trial-producing, and do it on approval. The trial-producing period is 3 months, at the end of which the owner shall apply for production approval from the Environmental Protection Bureau.
Article 3 Limits of authority for examination and approval concerning environmental impacts
1. Where a project is applied by its competent department with a total investment between 30 million to 200 million yuan (50 million yuan and above for projects of energy, transport and raw materials), the unit undertaking the project must prepare an environmental impact statement to the provincial Environmental Protection Bureau for approval.
2. The environmental impact statement shall go through the examination and approval procedure by the Environmental Protection Bureau at prefectural or city level where it is a technical transformation project that is newly established or enlarged concerning pulping and papermaking, tannery, dye processing plant, coke making, sulphur metallurgy, arsenic metallurgy, mercury metallurgy, lead refinery, zinc metallurgy, oil refining, gold mining, farm chemical, bleaching and dyeing, electroplating industry, asbestine product industry, radioactive substance, starch, alcohol, cement, sugar refinery, brewery, industry of chemical products and raw materials, tyre and rubber processing, chemical engineering, etc. Among them, the following projects shall have their environmental impact statements gone through the examination and approval procedure by the Environmental Protection Bureau above provincial level, including sulphur metallurgy, arsenic metallurgy, mercury metallurgy, lead refinery, zinc metallurgy, gold mining, asbestine product industry, sugar refinery, radioactive substance, starch factory, alcohol plant, cement plant, pulping and papermaking, etc.
3. Other projects shall be examined and approved by the Environmental Protection Bureau above county level at the project location.
Article 4 Application materials for environmental impact evaluation
1. For construction projects
1 Prequalified registered company name approved by Commerce Administration Bureau
2 Certificate for land use
3 Feasibility report
4 Location plan for selected site, sketch map showing the 500m region around the project, and its layout plan.
2. For tertiary industrial projects
l A copy of ID card of the legal representative
2 Location plan for selected site, marked the buildings within the 100m region around the project
3 General layout plan, marked the main discharge points of pollutants and the trend after the project is completed
4 Copy of the lease contract of land use
5 Description on pollution prevention facilities
3. For real estate development projects
1 Approval reply by the Planning Department
2 Location plan of selected site
3 General layout plan and blue-line plan approved by the City Planning Department
4 Plan for waste water treatment
VI Policy for examination and approval of construction permit
Article 1 Procedure of examination and approval and its conditions
  1. Before the start of construction project of enterprise with foreign investment, foreign investors should apply to relevant Construction Bureau above county level for a construction permit. They should satisfy the following conditions when applying:
  2. Procedure for obtaining the approval of land use has been gone through.
  3. A construction planning permit has been obtained for a construction project in urban planning area.
  4. The construction enterprise has been determined.
  5. Concrete measures have been taken to guarantee the quality and safety of the project
  6. Make sure that the construction fund has been fully funded.
The following materials should be submitted to obtain a land use permit
Article 2 Application materials to be submitted
1. Project application report for construction planning and permit
2. Project approval
3. Instrument of construction land ratification or Certificate of Land
4. General layout plan
5. Application form for registration of permit of construction
6. Construction drawings
7. Tender award notification or contract award notification
8. Certification of credit standing
9. Guarantee of constructing conditions signed by the constructing enterprise
10. Guarantee of civilized construction
11. New projects registration of fixed assets investment
12. Application for construction quality inspection
13. Construction contract check list
14. Unified invoice of insurance for installment project of Guangxi
15. Accidental injury insurance for the personnel of construction
16. A license for construction waste treatment
17. Application for noise emission on the construction site
18. Approval of non-industrial wastewater treatment facilities
19. Notification of paying special fund of bulk cement
20. View of approval of the design of thunder-proof device
21. Honesty agreement during contracting of construction project
VII. Policies for examination and approval of the design of fire control system and for the completion and delivery of the project
Article 1. Examination and approval of the design of fire control system in construction project
1. Limits of authority for examination and approval
All the construction projects that require a design of fire control system in light of the State standard of fire control technology for engineering construction should undergo examination and approval for the design of fire control system.
2. Procedure for examination and approval
(1) When handling examination and verification for the design of fire control system, construction unit should submit the blueprints and relevant application form of fire prevention design of the construction project to relevant public security fire control institution for examination and approval.
(2) After examination and approval, the public security fire control institution will sign and issue the approval for the design of fire control system.
3. Materials to be submitted when applying
(1) When applying for the draft design of fire control system
A. Application form of fire prevention design of the construction project
B. Approval of the project, blueprint and brief introduction to the project, and
C. Construction drawing of the project
D. Introduction to the design of fire control system
E. Draft design drawings of automatic fire control system
(2) Application for examination and verification of the fire prevention design of construction drawings
A. Application form of fire prevention design of the construction project
B. General layout plan, site layout plan, building layout plan, sectional elevation and sectional axonometric drawing
C. Fire fighting water supplies, automatic fire alarm system, fixed firefighting system, air-conditioning and ventilation system, smoke control and extraction system, electric and process design, etc.
D. Special report to firefighting design
Article 2 Examination and approval of fire prevention in design of interior decoration of buildings
1. Limits of authority for examination and approval
All the construction projects that require a design of interior decoration of buildings in light of the State standard of fire control technology for engineering construction should undergo examination and approval for fire prevention in design of interior decoration of buildings.
2. Procedure of examination and approval
1 Application form of fire prevention in design of interior decoration of buildings
2 Design drawings of interior decoration and design specification, building lighting and electrical layout, layout plan of the running of air-conditioning flue pipe and a set of drawings for the air-conditioning system
3 Layout plan of automatic firefighting facilities for a construction project installed with automatic firefighting system
4 Test report and certificate of qualification of the chosen fireproof materials
Article 3 Examination and approval of automatic firefighting design
1. Limits of authority for examination and approval
All the construction projects that require installment of automatic firefighting facilities in light of the State standard of fire control technology for engineering construction should undergo examination and approval of automatic firefighting design.
2. Procedure of examination and approval
1 The design unit should submit the design drawings of fire prevention and relevant application form of examination and approval of fire prevention of automatic firefighting facilities to relevant public security fire control institution for examination and approval.
After examination and approval, the public security fire control institution will sign and issue the approval for the design of fire prevention.
3. Materials to be submitted
l Application Form of Examination and Approval of Fire Prevention of Automatic Firefighting Facility Design;
2 Design drawings for relevant fire control system, including automatic fire detection & alarm system, fixed firefighting system, air-conditioning and ventilation system, smoke control and extraction system, emergency lighting and exit signs, etc.
3 Qualification certificate of the design institute in charge of the automatic firefighting system design;
4 Inspection report or relevant evidence issued by authorized inspection organizations on fire fighting products.
Article 1 Acceptance check on fire control of construction project
1.1. Acceptance range
Projects whose prevention facilities are designed in light of the State standard of fire control technology for engineering construction should undergo checking of fire control system for acceptance when the construction is completed.
1.2. Procedures of application
1 Upon the completion of a construction project, the construction unit shall receive and fill out an Application for Acceptance of Fire Control System of Construction Project from the local public security and fire control institution, and then submit together with as-built drawings and relevant technical materials, including records of acceptance of the first stage and the middle stage, as well as records of construction and inspection, to the original public security and fire control institution in charge of examination and approval for acceptance check;
2 After acceptance check in light of requirements of the State technical standards, the public security and fire control institution shall sign and issue the Opinions of Checking and Accepting Fire Control System of Construction Project.
1.3. Materials to be submitted when applying
1 Application for Acceptance of Fire Control System of Construction Project, accompanied by relevant certificates of firefighting products, inspection reports and ex-factory inspection certificate;
2 Materials such as drawings on completion of firefighting project, construction records of automatic firefighting system, inspection records, testing records, records of concealed project, records of design and construction changes;
3 Relevant reply documents and the Opinions of Examination and Verification of Fire Control System Design;
4 Administration system of fire safety, and the name list of the operation and management personnel of automatic fire control system.
. Registration and recording policies for commerce and industry, taxation, foreign exchange, bank, finance, customs, and hygiene.
Article 1 Policies for commerce and industry registration
1.1. Pre-approval procedures for names of enterprises with foreign investment
After the approval of the project application but before the examination and approval of the contract and contract regulations, enterprises with foreign investment shall apply for the approval of enterprise name to the competent Industry and Commerce Bureau at municipal level or provincial level which is authorized for examination and approval of registration. After the approval, a Notice of Name Pre-approval will be issued.
The following materials shall be submitted when applying for name pre-approval:
1 Registration form for names of enterprises with foreign investment;
2 Application form signed by the one or those in charge of organizing enterprises;
3 Project application report and its approval excluding sole foreign-funded enterprises ;
4 Certificate of legal operation issued by the government of the country (region) where the enterprise is located shall be provided if the foreign investor invests in the name of the enterprise; photocopy of ID card or passport shall be provided if the foreign investor invests in his/her own name.
1.2. Registration procedures for the operation of enterprises with foreign investment
Enterprises with foreign investment shall apply to the Industry and Commerce Bureau within 30 days after the approval of the competent approval department for Business License, which shall be issued after verification.
Documents and certificates to be submitted by Chinese-foreign equity joint ventures to apply for registration of starting business:
(1) Application for Registration of Enterprises with Foreign Investment signed by chairman and vice-chairman of the board;
(2) The original Notice of Name Pre-approval;
(3) Original application report and its approval of the project;
(4) The original contract and articles of association, approval by the competent examination and approval department, duplicate of certificate of approval for enterprises with foreign investment;
(5) List of members of the board of directors;
(6) For Chinese party photocopy of the duplicate of Business License, original appointment letters of members of the board of directors and their resumes;
(7) For foreign party certificate of legal operation issued by the government of the country (region) where the enterprise is located in the case of the foreign investor investing in the name of the enterprise; photocopy of ID card or passport in the case of individual investment; the credit-standing certificate; original appointment letters of members of the board of directors;
(8) Original appointment letters of General Manager and Deputy General Manager, concerned resumes (Chinese party only), and photocopy of ID card or passport;
(9) Photograph of the legal representative;
(10)The original approval for special industries and the photocopy of permit of special industries.
Documents and certificates to be submitted by sole foreign-funded enterprises to apply for registration of starting business:
(1) Application for Registration of Enterprises with Foreign Investment signed by chairman and vice-chairman of the board;
(2) The Notice of Name Pre-approval;
(3) Articles of association, and approval documents issued by the examination and approval department;
(4) Application report of the project;
(5) Duplicate of approval certificate of enterprises with foreign investment;
(6) Certificate of legal operation issued by the government of the country (region) where the enterprise is located in the case of the foreign investor investing in the name of the enterprise; photocopy of ID card or passport in the case of individual investment;
(7) The original credit-standing certificate of investors;
(8) List of members of board of directors, appointment letters of members of board of directors, General Manager and Deputy General Manager, the original appointment document, photocopy of ID card or passport, photographs, etc;
(9) Utilization certificate of the office site, including lease and certificate of house property right (photocopy);
(10)The original approval for special industries and the photocopy of permit of special industries.
1.3. Registration of starting business for branches
Branches to be set up by enterprises with foreign investment for conducting business shall be fully funded and have produced products before establishment. The branch cannot practice independent accounting, and not be applied for together with the main enterprise s registration of business, with business scope not exceeding its enterprise s. The following materials shall be submitted while applying:
(1) The original resolution of the board of directors;
(2) Approval transfer notice of approving setting up branches by the original registration department;
(3) Photocopy of the duplicate of Business License;