First, declaration material:
1. certification file of subject qualification authentification and notarized documents and their translated copies, issued by Chinese Embassies and Consulates and overseas notarization department;
2. agreement advice from the entitled state-owned assets management department (if related to state-owned assets);
3. Building Project Environmental Impact Registration Form approved for project establishment by the entitled environmental protection department;
4. statement of the approval of project land usage by the entitled Homeland Department (if related to land acquisition) or plant lease agreement and the copy property prove of the renting party;
5. approval notice from the entitled Development and Reform Commission, according to guidance catalogues and rules of foreign investment industry;
6. pre-permit document from the entitled department, if the operation field includes special service industry;
7. name pre-approval notice from Industrial and Commercial Department (copies);
8. import and export quota permit approval from Ministry of Commerce (copies);
9. submit the relevant qualification permit or certificate, if involved with qualification issue or license of other relevant government departments;
10. other files issued by the local Government in accordance with laws;
11. transference and declaration files of first trial department(2);
12. submission document directory for foreign-funded enterprises by foreign investors;
13. establish application of foreign-funded enterprise;
14. subject qualification examination application form for overseas investors (non-natural persons);
15. subject qualification examination application form for domestic companies;
16. credit certification for domestic and foreign investor (please translated version by translation company for foreign party credit certification);
17. contract and statute of foreign-funded enterprises
18. feasibility study report;
19. the list of imported equipment;
20. power of attorney authorized by investors;
21. the list of members of shareholders, the Board and the Supervisory Board of foreign companies and related agreement documents;
22. effective identity proof (photocopy) of members of Board of Trustees and the Board of Supervisors and accreditation signed by the legal representative;
23. agreement on non-monetary property investment and other related documents;
24. authorized power of attorney of domestic legal documents service signed by consigners and consignees;
25. approval certificate information table of foreign (Taiwan, Hong Kong Macau Chinese and Overseas Chinese)-funded enterprises;
26. number registration form of approval certificate of foreign-funded enterprises;
27. other materials need to be declared.
P.S.: documents in the above need to be written in Chinese, except the items 1 and 16 with notes. And items 17, 18,20,21,22 can be written in a certain foreign language as agreed to. For projects whose total investment is below ＄30 million, materials required by items 25, 26 should be provided.
The above material must be original, except it is stated as copies. And the number should be one copy if it is not stated clearly.
Second, Transaction process:
Enterprise declares →locus Foreign Trade and Economic Cooperation carries out first trial →Municipal Foreign Trade and Economic Cooperation audits→ release certificate or transfer and declare.
First, declaration material
1. An application;
2. Environmental impact assessment framework and environmental impact report (Standard) by environment assessment units (five copies of the text version and one copy of the electronic version)
The body shall include: public participation and environmental risk official seal.
Annex must include: (1) environmental impact assessment commission contract, assessment staff and their qualifications; (2) commission agreement for solid waste disposal, (3) agreement for taking over the sewage (4) site advice by the planning department; (5) central heating agreement (6) location map, factory floor plan, land use maps of 500 metres around the factory sector (or health protection distance approved by the trade); (7) maps and plans of water system.
3. Expert review on environmental impact report;
4. Approval document of the project proposal (examination and approval system project), the record grant documents (record system project) or one copy of inform of agreeing to carry out preparatory work (approval project);
5. Pre-judication (or audit) views of administrative departments in charge of environmental protection and departments in charge of location industries;
6. Application form for pollutants emitted from construction project (affix viable programmes for the overall balance if sewage disposal index is needed);
7. Examination and approval registration form for environmental protection construction project.
Second, admission gist:
Article 13 of Environmental Protection Law of People's Republic of China, Article 3, Article 16, and paragraph 1 of Article 22 of Environmental Impact Assessment Law of People's Republic of China, Article 9 and Article 10 of State Department Environmental Protection Management Statute for Construction Project.
Third, transaction process
1. Application and acceptance. In accordance with the Construction Project Environmental Protection Classification Management List, the construction unit should try their best to edit environmental impact report for construction projects that may cause significant environmental impact. Apply to Nantong Municipal Environmental Protection Bureau and submit related materials in the legal form. Environmental Protection Bureau will accept environmental impact report and related materials applied by construction project and examine their form. If the decision can be made at the spot, issue acceptance notice or inadmissible decision. If it cannot, issue certificates for material receiving;
2. Project examination. Examine environmental impact report of the construction project.
3. Project approval. Propose examination and approval advice according to examination conclusions. Major projects, after signed by the relevant offices, should be reported to director general meeting and bureau affair meeting for discussion. If it is passed, document approval can be disposed. For general projects, document approval can be dealt with after approved by assistant director.
4. Hearing and information publicity. Nantong Municipal Environmental Protection Bureau Website (website: www.nthb.gov.cn) announces accepted construction project information; before making the ratification decision, publicizes the proposed construction project information; and after the approval decision, publicizes examination and approval result. For projects that may affect the life environment quality of residents at the location and have significant opinion differences, public hearings, feasibility studies, seminars can be held to seek advice from the relevant units, experts and the public. But construction projects ruled by confidentiality provisions of the country are excluded.
Foreign-invested enterprises set up registration materials (Nantong Municipal Trade and Industry Bureau)
Documents needed for registration of foreign-funded limited companies
1. Foreign-funded Company Registration Application signed by proposed legal representatives (draw it or download the form from the website)
2. Authorization documents from the examination and approval authority (approved reply and copy of ratified certificate)
Companies in the form of Sino-foreign joint venture should apply for registration establishment to company registration authority within 90 days since the approval date. For companies registered in other forms, apply for registration establishment to company registration authority within 30 days since the approval date. If application for the registration establishment is beyond the time limit, the proposer should report to the original approval authority to confirm the validity of the original ratification documents or apply for ratification separately.
3. Company Statute
The statute should have seals of all investment parties or the original copies signed by legal representatives of all parties or its authorized persons. If investors are natural persons, they should sign by themselves. Company seals submitted should be the same as that approved by approval departments.
4. Name Pre-approval Notice
Name Pre-approval Notice should be within the period of validity. And the contents should comply with related applied matters of the proposed company.
5. Subject qualification certification and natural person identity certification of the investors
Business license with official seals by the unit / juridical person registration certificate of institutions/ juridical person registration certification of social organizations / copy of the certificate of private and non-enterprise unit shall be submitted as the subject qualification certification.
Overseas non-natural person investors:
The subject qualification of foreign investors should be notarized by the authorities of the country. If the country has established diplomatic relations with China, certification from Chinese embassy / consulate in the country should be submitted. Writs by overseas territories of some countries should be notarized by notarization authority at the location, then attested by diplomatic institutions of the country, and finally attested by Chinese embassy / consulate in the country.
The subject qualification of Taiwan investors should be notarized by the local notarization authorities. For Hong Kong and Macao investors, notarization will be carried out by notary public consigned by China and signed and handed over by local institutions of Chinese Ministry of Justice in accordance with the provisions.
Overseas natural person investors:
For foreign natural persons who come to our province to invest, if they supply the original copy of the passport submitted by China embassy / consulate for checking, they do not need notarization and authentication. For natural persons of Hong Kong and Macao regions to invest in our province, if they supply the original copy of the ID card and Mainland Travel Permit for Hong Kong and Macao Residents for checking, they do not need notarization. For Taiwan natural persons who come to our province to invest, if they supply the original copy of Mainland Travel Permit for Taiwan resident, they do not need notarization. For overseas Chinese to invest in our province, if they supply the original copy of Chinese passport and Residence Permit Certificate of residing country for checking, they do not need notarization and authentication.
Notarization subject is the notarization institutions and law offices in the locality countries (regions).
6. Post files and copies of identity certification of directors, supervisors and managers
The choice of directors, supervisors and managers should be consistent with the Company Law and the provisions of company statutes.
7. Post files and copies of the legal representatives and identity documents
The choice of legal representatives should be consistent with the Company Law and the provisions of company statutes.
8. Capital verification certification by legal capital verification institution
Applicable to the finance, securities and insurance companies and fund management companies and other types of limited liability company that pay all or part of the registered capital at the establishment.
9. If the first investment of shareholders is non-monetary property, financial documents, securities, insurance companies, fund management companies and other types of limited liability company that pay all or part of the registered capital at the establishment should submit certification documents to prove that the property rights transfer procedure has been finished.
10. Company house certification
Provide the original copy for checking and a copy of property rights certificate if the house property is owned by you. Provide original lease agreement and a copy of the property rights certificate of the rental side if the house is rented. If the house ownership certificate has not been acquired, provide real estate management department certification or copies of house purchase contract and house sales permit. If the rental side is hotels, restaurants, provide copies of their business licenses.
11. Pre-approval documents or certificates
This item is for the business that has projects which must be approved before registration according to related laws, administrative regulations and decisions of the State Department. Provide related approval documents or exequatur copy or approval certification.
12. Authorized power of attorney of legal service and copy of subject qualification certification of authorized signatory
Signed by overseas shareholders (the donor) of the limited liability company and domestic accepter of legal documents service (authorized). It states the address and contact information of domestic authorized signatory and specifies that he accepts service of legal documents. The authorized persons can be branches set up by overseas shareholders or the proposed company (for the proposed company by the authorized person, the commission will take effect after the establishment of the company) or other related domestic units or individuals. If the authorized person is changed, a new Legal Document Service Agreement should be signed and put this on records of company registration office on time. If the address or other items of the consignee change, put this on records of company registration office on time. If the authorized person is the proposed company, a copy of subject qualification does not need to submit.
13. Other relevant documents and certificates
Note: the application (form) should be filled in with black pen, blue pen or signature pen with clear handwriting.
If the above documents are in foreign languages, Chinese translated version is also needed with official seal of translated version.
All the above documents should be the original ones except it is stated as copies. For copies, the attorney consigned by all investors should sign and note that the copy is consistent with the original agreement. When submitting related exequatur copies, the original ones should also be supplied for checking.
(Source from the Internet)