1. What are the procedures for establishing a foreign-invested enterprise

Procedures for the establishment of foreign-invested enterprises:

1. Apply for an approval certificate for the establishment of a foreign-invested enterprise.

2. Go through business registration.

3. Go through the organization code procedure.

4. Go through the land use formalities. Obtain a production site for a foreign-invested enterprise by signing a land use agreement or a plant lease agreement. Foreign-invested enterprises need to go through the land use formalities with the land and real estate management department to obtain land use rights.

5. Go through the foreign exchange registration procedures.

6. Bank account opening.

(1) Open a foreign exchange account. A foreign-invested enterprise may choose a bank approved to operate foreign exchange business to open a foreign exchange account. When opening an account, the following materials (photocopy) must be submitted to the bank: business license issued by the Administration for Industry and Commerce; approval certificate issued by the approval authority.

(2) Open a RMB account. A foreign-invested enterprise may choose a bank approved to conduct RMB business to open a RMB account. To open an account, the following materials must be provided to the bank: a business license issued by the Administration for Industry and Commerce; an approval certificate issued by the approval authority.

7. Tax registration.

8. Customs filing procedures.

The following materials must be submitted for the approval of import and export goods tax exemption: import and export goods tax exemption application form; goods invoices; photocopy of import and export licenses, etc.

The following materials must be submitted for customs declaration and delivery: the enterprise import or export goods declaration form; the goods invoice; packing list; import and export goods tax exemption certificate (if you can enjoy tax exemption concessions); shipping (withdrawal) form; import and export licenses, etc.

2. Documents to be submitted for the establishment registration of foreign-invested enterprises

1. "Application Form for Establishment Registration of Foreign-invested Enterprises" ("Application Form for Enterprise Establishment Registration", "List of Chinese Investors", "Registration Form for Legal Representatives of Enterprises", "Certificate of Appointment of Board Members and Managers", and "Certificate of Enterprise Residence" Wait);

2. Contracts and articles of association (the establishment of a wholly foreign-owned enterprise only requires the submission of articles of association);

3. The approval of the approval authority and the "Approval Certificate of Foreign-invested Enterprises";

4. Proof of legal qualifications of all parties to the investment;

5. Credit certificates of all parties to the investment;

6. "Name (change) pre-approval application" and "enterprise name pre-approval notice";

7. "Designation (Commission)";

8. "Registration Form of Enterprise Secretary (Contact Person)";

9. If the scope of business involves pre-approval projects, the approval documents of the relevant approval department should be submitted; those that involve post-approval should submit a "commitment letter."

In addition to the above-mentioned mandatory documents, a printed investor directory, a directory of board members and a general manager should also be submitted.

3. Relevant laws of foreign-invested enterprises

The Foreign-invested Enterprise Law refers to the general term for laws and regulations concerning the behavioral norms of foreign-invested enterprise organizations and activities. It is a legal system formed by numerous legislative regulations concerning foreign-invested enterprises. Its main contents include the organizational form, establishment and registration procedures, legal status, investment relations, legal documents, rights and obligations of both Chinese and foreign parties, organizational structure, management, labor relations, taxation, foreign exchange management, dissolution and liquidation, etc.

Main laws and regulations: China ’s foreign-invested enterprise legislation has been gradually established and continuously improved along with China ’s reforms and opening-up policies. So far, a relatively complete foreign-invested enterprise legislation system has been formed, and important laws and regulations include: Sino-foreign joint ventures Business Enterprise Law, Foreign Investment Enterprise Law, Chinese-Foreign Cooperative Operation Enterprise Law, "Regulations on the Implementation of the Chinese-Foreign Joint Venture Law", "Regulations on Encouraging Foreign Investment", "Implementation Rules for the Foreign Investment Enterprise Law", "Implementation Rules for the Chinese-Foreign Cooperative Operation Enterprise Law" Wait. In addition, the competent department of the foreign-invested enterprise (Ministry of Commerce) and related departments (mainly the Ministry of Finance, the State Administration for Industry and Commerce, etc.) have also promulgated a large number of departmental regulations, such as "Sino-foreign joint venture joint venture funds "Several Regulations" and its "Supplementary Provisions", "Notice on Relevant Issues Concerning the Establishment of Chinese-foreign Joint Ventures in the Form of Joint Stock Companies", "Principles for Examination and Approval and Key Points for Review of Contracts and Articles of Association of Foreign-invested Enterprises", etc.