Service Industry (Consulting Industry)
Acceptance Authority and Scope
The Putuo Commission of Commerce (hereinafter referred to as the Commission) accepts the application for establishment and change of foreign-invested consulting enterprises with the total investment of less than US$0.1 billion (excluding those with the total investment of over US$0.1 billion after the capital increase).
Application Conditions
Applicants shall comply with relevant industrial policies as well as laws and regulations of foreign investment.
Handling Procedures
1. Investors shall submit the application materials for establishing the foreign-invested convention and exhibition enterprises to the Commission according to the power of examination and approval; and
2. The Commission shall decide whether to approve or not according to relevant regulations. If the establishment is approved, a "Foreign-invested Enterprise Permit" shall be issued. If not, a written notification with reasons shall be sent out.
List of Application Materials
1. Application report;
2. Power of attorney for serving legal documents;
3. Prior approval notice of enterprise name (photocopy) issued by the industrial and commercial administration authority;
4. Contract and Articles of Association of the foreign-invested enterprise signed by the authorized representative of the investor (A wholly foreign-owned enterprise only needs to present the Articles of Association);
5. Notarized and accredited subject qualification certificate or identity certificate of the overseas investor and the Chinese versions;
6. Bank certification of credit standing of the overseas investor and the Chinese version;
7. Business license (photocopy) and bank certification of credit standing of the domestic investor;
8. Identity certificates (photocopies) of the authorized representatives of all investing parties;
9. Letter of appointment for members of the directorate (or executive directors) and the board of directors (or supervisors) issued by all investing parties and their identity certificates (photocopies);
10. Certification of use permit for the company's registered place or the lease agreement and the lessor’s house ownership certificate (photocopy);
11. Relevant approval documents or filing documents issued by the state-owned assets supervision and administration authority (For projects involving the state-owned assets, such documents shall be provided according to relevant regulations on state-owned assets management);
12. Agency agreement and the agency's business license (photocopy) in case of entrusting an intermediary with the application; and
13. Other documents required by the examination and approval authority.
Duration
The Commission shall decide whether to approve or not within ten working days since the acceptance day.
Legal Ground
1. The "Catalogue of Industries for Guiding Foreign Investment" of the National Development and Reform Commission and the Ministry of Commerce (amended in 2007);
2. The "Law of the People's Republic of China on Foreign-funded Enterprises" (amended in 2000) and the "Rules for the Implementation of the Law of the People’s Republic of China on Foreign-funded Enterprises" (amended in 2001);
3. The "Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures" (amended in 2001) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001);
4. The "Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures" (amended in 2000) and the "Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures" (issued in 1995); and
5. The "Company Law of the People's Republic of China" (amended in 2005).
Notes:
1. For other applications of service enterprises, please check the “Guide and Instructions” of the “Online Application System for Foreign Investment in Shanghai” (http://wz.investment.gov.cn/SFI/).
2. An applicant (a foreign-invested enterprise or agency) shall operate online according to the following steps before submitting the written application materials:
(1) Log on to the site (http://wz.investment.gov.cn/SFI/) and enter the application page;
(2) Fill in relevant information according to the instructions of the “Application Guide” to confirm the type of the applied issue, and directly choose the type of the applied issue from the “List of Applied Issues”;
(3) When the type of the applied issue is confirmed by the system, the applicant may inquire the “Guide and Instructions” and the “List of Application Materials”, and choose “Apply Online” to fill in relevant contents of the applied issue;
(4) Finally, the applicant should print the “List of Materials for Project Application” generated by the system after the application as the cover of the paper materials to be submitted and submit the written materials to the examination and approval authority indicated by the system;
(5) During the online application, an applicant may continue the temporarily saved application or check the status of the completed application project with the “Application Number” provided by the system; and
(6) The “System Operation Manual” may be downloaded at the home page of the system.
Manufacturing Industry
Acceptance Authority and Scope
The Putuo Commission of Commerce (hereinafter referred to as the Commission) accepts the application for establishment and change of foreign-invested manufacturing enterprises under the encouraged or permitted categories with the total investment of less than US$0.1 billion (excluding those with the total investment of over US$0.1 billion after the capital increase).
Application Conditions
A foreign-invested manufacturing enterprise shall meet the requirements in the “Catalogue of Industries for Guiding Foreign Investment” as well as relevant laws and regulations.
Handling Procedures
1. Investors shall submit the application materials for establishing the foreign-invested manufacturing enterprises to the Commission according to the power of examination and approval; and
2. The Commission shall decide whether to approve or not according to relevant regulations. If the establishment is approved, a “Foreign-invested Enterprise Permit” shall be issued. If not, a written notification with reasons shall be sent out.
List of Application Materials
1. Application report;
2. Power of attorney for serving legal documents;
3. Prior approval notice of enterprise name (photocopy) issued by the industrial and commercial administration authority;
4. Contract and Articles of Association of the foreign-invested enterprise signed by the authorized representative of the investor (A wholly foreign-owned enterprise only needs to present the Articles of Association);
5. Notarized and accredited subject qualification certificate or identity certificate of the overseas investor and the Chinese versions;
6. Bank certification of credit standing of the overseas investor and the Chinese version;
7. Business license (photocopy) and bank certification of credit standing of the domestic investor;
8. Identity certificates (photocopies) of the authorized representatives of all investing parties;
9. Letter of appointment for members of the directorate (or executive directors) and the board of directors (or supervisors) issued by all investing parties and their identity certificates (photocopies);
10. Certification of use permit for the company’s registered place or the lease agreement and the lessor’s house ownership certificate (photocopy);
11. The “Opinion of Site Selection for Construction Project” and the “Planning Permit on Land for Construction Use” (required for construction projects) issued by the urban land planning authority;
12. The environmental impact assessment documents or approval documents (required for construction projects and other projects that may affect the environment) issued by the environmental protection authority;
13. Relevant approval documents or filing documents issued by the state-owned assets supervision and administration authority (For projects involving the state-owned assets, such documents shall be provided according to relevant regulations on state-owned assets management);
14. Agency agreement and the agency’s business license (photocopy) in case of entrusting an intermediary with the application; and
15. Other documents required by the examination and approval authority.
Duration
The Commission shall decide whether to approve or not within ten working days since the acceptance day.
Legal Ground
1. The “Catalogue of Industries for Guiding Foreign Investment” of the National Development and Reform Commission and the Ministry of Commerce (amended in 2007);
2. The “Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2000) and the “Rules for the Implementation of the Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2001);
3. The “Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001);
4. The “Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (amended in 2000) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (issued in 1995); and
5. The “Company Law of the People’s Republic of China” (amended in 2005).
Notes:
1. For other applications of manufacturing enterprises, please check the “Guide and Instructions” of the “Online Application System for Foreign Investment in Shanghai” (http://wz.investment.gov.cn/SFI/).
2. An applicant (a foreign-invested enterprise or agency) shall operate online according to the following steps before submitting the written application materials:
(1) Log on to the site (http://wz.investment.gov.cn/SFI/) and enter the application page;
(2) Fill in relevant information according to the instructions of the “Application Guide” to confirm the type of the applied issue, and directly choose the type of the applied issue from the “List of Applied Issues”;
(3) When the type of the applied issue is confirmed by the system, the applicant may inquire the “Guide and Instructions” and the “List of Application Materials”, and choose “Apply Online” to fill in relevant contents of the applied issue;
(4) Finally, the applicant should print the “List of Materials for Project Application” generated by the system after the application as the cover of the paper materials to be submitted and submit the written materials to the examination and approval authority indicated by the system;
(5) During the online application, an applicant may continue the temporarily saved application or check the status of the completed application project with the “Application Number” provided by the system; and
(6) The “System Operation Manual” may be downloaded at the home page of the system.
Service Industry (Job Referral Industry)
Acceptance Authority and Scope
The Putuo Commission of Commerce (hereinafter referred to as the Putuo Commission) accepts the application for establishment and change of foreign-invested job referral agencies with the total investment of less than US$0.1 billion (excluding those with the total investment of over US$0.1 billion after the capital increase).
Application Conditions
1. Qualification of foreign investors: they should be legal persons providing job referral services, with such experience in the registered countries and good reputation;
2. Qualification of Chinese investors: they should be legal persons with qualification for job referral, have good reputation and hold the “Permit of Job Referral in Shanghai” issued by the Shanghai Municipal Human Resources and Social Security Bureau (the Municipal Bureau);
3. A foreign-invested job referral agency may conduct the following businesses:
(1) Provision of job referral services for Chinese and foreign job-seekers and employers;
(2) Provision of vocational guidance and counseling services;
(3) Collection and release of labor market information;
(4) Sponsorship of job fairs upon approval by the Municipal Bureau or the district and county human resources and social security bureaus authorized by it; and
(5) Other services verified and approved by the Municipal Bureau or the district and county human resources and social security bureaus authorized by it
4. A foreign-invested job referral agency shall meet the following requirements:
(1) Only a service provider from Hong Kong or Macau may establish a wholly foreign-owned job referral agency;
(2) The registered capital of a foreign-invested job referral agency shall be not less than US$0.3 million. It shall have over five licensed agents in the job referral category, explicit business scope, Articles of Association and management system as well as fixed site and office facilities for its business. Its management members shall have the experience of job referral services;
(3) A service provider from Hong Kong or Macau may establish a wholly foreign-owned job referral agency in the mainland, with the minimum registered capital of US$0.125 million.
Handling Procedures
1. An investor shall apply for establishment of project to the Putuo Commission according to the power of examination and approval. For qualified investor, the authority shall issue the document approving the establishment of project and send the duplicates to the Municipal Bureau, the Shanghai Administration of Industry and Commerce and relevant administrative authorities.
2. After the proposal for the project is approved, the investor shall handle the procedures for verifying and approving the name of a sino-foreign joint venture or a sino-foreign contractual joint venture; and
3. An investor shall submit the application materials for establishment of a foreign-invested job referral agency to the Putuo Commission, who shall decide whether to approve or not according to relevant regulations. If the establishment is approved, a “Foreign-invested Enterprise Permit” shall be issued.
List of Application Materials
1. Application documents for establishment of project
(1) Application for establishment of project and proposal for the project;
(2) The “Permit of Job Referral in Shanghai” of the Chinese investor;
(3) Notarized and accredited subject qualification certificate or identity certificate of the overseas investor, the certification of credit standing and the identity certificate of the authorized representative (photocopy); and
(4) Other documents required by the examination and approval authority.
2. Application documents for establishment of enterprise
(1) Application report;
(2) Power of attorney for serving legal documents;
(3) Prior approval notice of enterprise name (photocopy) issued by the industrial and commercial administration authority;
(4) Contract and Articles of Association of the foreign-invested enterprise signed by the authorized representative of the investor (A wholly foreign-owned enterprise only needs to present the Articles of Association);
(5) Notarized and accredited subject qualification certificate or identity certificate of the overseas investor and the Chinese versions;
(6) Bank certification of credit standing of the overseas investor and the Chinese version;
(7) Business license (photocopy) and bank certification of credit standing of the domestic investor;
(8) Identity certificates (photocopies) of the authorized representatives of all investing parties;
(9) Letter of appointment for members of the directorate (or executive directors) and the board of directors (or supervisors) issued by all investing parties and their identity certificates (photocopies);
(10) Certification of use permit for the company’s registered place or the lease agreement and the lessor’s house ownership certificate (photocopy);
(11) Relevant approval documents or filing documents issued by the state-owned assets supervision and administration authority (For projects involving the state-owned assets, such documents shall be provided according to relevant regulations on state-owned assets management);
(12) Agency agreement and the agency’s business license (photocopy) in case of entrusting an intermediary with the application;
(13) Resumes and vocational qualification certificates of the prospective full-time staff; and
(14) Other documents required by the examination and approval authority.
Duration
The Putuo Commission shall decide whether to approve or not within ten working days since the acceptance day.
Legal Ground
1. The “Interim Rules on Administration of Establishment of Chinese-Foreign Joint or Chinese-Foreign Cooperative Job Referral Agencies” of the Ministry of Labor and Social Security and the State Administration for Industry & Commerce (2001);
2. The “Notice of Permitting Hong Kong and Macao Service Providers to Establish Job Referral Agencies in Mainland” of the Ministry of Labor and Social Security, the Ministry of Commerce and the State Administration for Industry & Commerce (2005);
3. The “Implementation Opinions of Shanghai Concerning the ‘Interim Rules on Administration of Establishment of Chinese-Foreign Joint or Chinese-Foreign Cooperative Job Referral Agencies’” of the Shanghai Municipal Human Resources and Social Security Bureau, the Shanghai Municipal Commission of Commerce and the Shanghai Administration of Industry and Commerce (2002);
4. The “Catalogue of Industries for Guiding Foreign Investment” of the National Development and Reform Commission and the Ministry of Commerce (amended in 2007);
5. The “Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2000) and the “Rules for the Implementation of the Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2001);
6. The “Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001);
7. The “Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (amended in 2000) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (issued in 1995); and
8. The “Company Law of the People’s Republic of China” (amended in 2005).
Notes:
1. For other applications of service enterprises, please check the “Guide and Instructions” of the “Online Application System for Foreign Investment in Shanghai” (http://wz.investment.gov.cn/SFI/).
2. An applicant (a foreign-invested enterprise or agency) shall operate online according to the following steps before submitting the written application materials:
(1) Log on to the site (http://wz.investment.gov.cn/SFI/) and enter the application page;
(2) Fill in relevant information according to the instructions of the “Application Guide” to confirm the type of the applied issue, and directly choose the type of the applied issue from the “List of Applied Issues”;
(3) When the type of the applied issue is confirmed by the system, the applicant may inquire the “Guide and Instructions” and the “List of Application Materials”, and choose “Apply Online” to fill in relevant contents of the applied issue;
(4) Finally, the applicant should print the “List of Materials for Project Application” generated by the system after the application as the cover of the paper materials to be submitted and submit the written materials to the examination and approval authority indicated by the system;
(5) During the online application, an applicant may continue the temporarily saved application or check the status of the completed application project with the “Application Number” provided by the system; and
(6) The “System Operation Manual” may be downloaded at the home page of the system.
Service Industry (Commerce)
Acceptance Authority and Scope
The Putuo Commission of Commerce (hereinafter referred to as the Commission) accepts the application for establishment and change of foreign-invested commercial enterprises with the total investment of less than US$0.1 billion (excluding those with the total investment of over US$0.1 billion after the capital increase) and each store’s area of less than 1,000 square meters, which do not involve 23 types of important commodities.
The 23 types of important commodities are: steel, precious metal, iron ore, fuel oil, natural rubber, books, newspapers, periodicals, refined oil, medicine, automobiles, farm chemicals, plastic sheeting for farm use, salt, tobacco, fertilizer, grain, vegetable oil, sugar, cotton, audio-visual products, crude oil and alumina.
Application Conditions
1. Investor qualification: foreign investors of a foreign-invested commercial enterprise should be foreign companies, enterprises and other economic organizations or individuals, who have good reputation with no violation of China’s laws, administrative rules and relevant regulations;
2. The business term of a foreign-invested commercial enterprise usually does not exceed 30 years;
3. The establishment of stores by a foreign-invested commercial enterprise shall be in accordance with relevant regulations of city development and city commercial development;
4. Where a foreign investor has accumulatively opened over 30 stores in China with commodities such as books, newspapers, periodicals, medicine, farm chemicals, plastic sheeting for farm use, fertilizer, refined oil, grain, vegetable oil, sugar and cotton, if the aforesaid commodities are of different brands and come from different suppliers, the contributing proportion of the foreign investor shall not exceed 49%. Service providers from Hong Kong and Macau may engage in the aforesaid businesses with exclusive investment.
Handling Procedures
1. Investors shall submit the application materials for establishing the foreign-invested commercial enterprises to the Commission according to the power of examination and approval; and
2. The Commission shall decide whether to approve or not according to relevant regulations. If the establishment is approved, a “Foreign-invested Enterprise Permit” shall be issued. If not, a written notification with reasons shall be sent out.
List of Application Materials
1. Application report;
2. Power of attorney for serving legal documents;
3. Prior approval notice of enterprise name (photocopy) issued by the industrial and commercial administration authority;
4. Contract and Articles of Association of the foreign-invested enterprise signed by the authorized representative of the investor (A wholly foreign-owned enterprise only needs to present the Articles of Association);
5. Notarized and accredited subject qualification certificate or identity certificate of the overseas investor and the Chinese versions;
6. Bank certification of credit standing of the overseas investor and the Chinese version;
7. Business license (photocopy) and bank certification of credit standing of the domestic investor;
8. Identity certificates (photocopies) of the authorized representatives of all investing parties;
9. Letter of appointment for members of the directorate (or executive directors) and the board of directors (or supervisors) issued by all investing parties and their identity certificates (photocopies);
10. Certification of use permit for the company’s registered place or the lease agreement and the lessor’s house ownership certificate (photocopy);
11. Relevant approval documents or filing documents issued by the state-owned assets supervision and administration authority (For projects involving the state-owned assets, such documents shall be provided according to relevant regulations on state-owned assets management);
12. Agency agreement and the agency’s business license (photocopy) in case of entrusting an intermediary with the application;
13. List of imported and exported products;
14. Audit reports of all investing parties in the recent year that have been audited by the accounting firms;
15. Information Filing Form for Commercial Enterprises; and
16. Other documents required by the examination and approval authority.
Duration
The Commission shall decide whether to approve or not within ten working days since the acceptance day.
Legal Ground
1. The “Measures for Administration of Foreign Investment in Commercial Sector” of the Ministry of Commerce (2004);
2. The “Catalogue of Industries for Guiding Foreign Investment” of the National Development and Reform Commission and the Ministry of Commerce (amended in 2007);
3. The “Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2000) and the “Rules for the Implementation of the Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2001);
4. The “Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001);
5. The “Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (amended in 2000) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (issued in 1995); and
6. The “Company Law of the People’s Republic of China” (amended in 2005).
Notes:
1. For other applications of service enterprises, please check the “Guide and Instructions” of the “Online Application System for Foreign Investment in Shanghai” (http://wz.investment.gov.cn/SFI/).
2. An applicant (a foreign-invested enterprise or agency) shall operate online according to the following steps before submitting the written application materials:
(1) Log on to the site (http://wz.investment.gov.cn/SFI/) and enter the application page;
(2) Fill in relevant information according to the instructions of the “Application Guide” to confirm the type of the applied issue, and directly choose the type of the applied issue from the “List of Applied Issues”;
(3) When the type of the applied issue is confirmed by the system, the applicant may inquire the “Guide and Instructions” and the “List of Application Materials”, and choose “Apply Online” to fill in relevant contents of the applied issue;
(4) Finally, the applicant should print the “List of Materials for Project Application” generated by the system after the application as the cover of the paper materials to be submitted and submit the written materials to the examination and approval authority indicated by the system;
(5) During the online application, an applicant may continue the temporarily saved application or check the status of the completed application project with the “Application Number” provided by the system; and
(6) The “System Operation Manual” may be downloaded at the home page of the system.
Service Industry (Talent Intermediary Industry)
Acceptance Authority and Scope
The Putuo Commission of Commerce (hereinafter referred to as the Commission) accepts the application for establishment and change of foreign-invested talent intermediaries with the total investment of less than US$0.1 billion (excluding those with the total investment of over US$0.1 billion after the capital increase).
Application Conditions
1. Investor qualification: Chinese investors shall be talent intermediaries established over three years ago, while foreign investors shall be foreign companies, enterprises and other economic organizations providing talent intermediary services for over three years. All investing parties should have good reputation;
2. A foreign-invested talent intermediary may conduct the following businesses:
(1) Collection, collation, storage and release of supply-demand information on jobs and the consulting services;
(2) Job referral;
(3) Recruitment;
(4) Talent assessment; and
(5) Other relevant businesses stipulated in the rules and regulations.
3. A foreign-invested talent intermediary shall meet the following requirements:
(1) Only a service provider from Hong Kong or Macau may establish a wholly foreign-owned talent intermediary;
(2) It is equipped with personnel familiar with human resources management, including five with academic certificates at or above the junior college level and qualification certificates for talent intermediary services. It has fixed site, funds and office facilities for its business, sound and feasible Articles of Association, management system and service regulations, clear business scope and ability to independently fulfill its civil liabilities. It shall also meet other conditions stipulated in relevant laws and regulations;
(3) The registered capital of a sino-foreign joint talent intermediary shall not be lower than US$0.3 million, with the contribution proportion of the Chinese investor to be not less than 51% and that of the foreign investor to be not less than 25%;
(4) A service provider from Hong Kong or Macau may establish a wholly foreign-owned talent intermediary in the mainland, with the registered capital of not less than US$0.125 million. No requirement on equity proportion is set on any joint talent intermediary in the mainland established by a service provider from Hong Kong or Macau.
Handling Procedures
1. An investor shall apply for establishment of project to the Shanghai Municipal Human Resources and Social Security Bureau, who shall complete the examination within 30 working days. A “Talent Intermediary Service Permit” shall be issued when the application is approved; and
2. Within 30 days after obtaining the “Talent Intermediary Service Permit”, an investor shall submit the application materials for establishment of a foreign-invested talent intermediary to the Commission, who shall decide whether to approve or not according to relevant regulations. If the establishment is approved, a “Foreign-invested Enterprise Permit” shall be issued.
List of Application Materials
1. Application report;
2. Power of attorney for serving legal documents;
3. Prior approval notice of enterprise name (photocopy) issued by the industrial and commercial administration authority;
4. Contract and Articles of Association of the foreign-invested enterprise signed by the authorized representative of the investor (A wholly foreign-owned enterprise only needs to present the Articles of Association);
5. Notarized and accredited subject qualification certificate or identity certificate of the overseas investor and the Chinese versions;
6. Bank certification of credit standing of the overseas investor and the Chinese version;
7. Business license (photocopy) and bank certification of credit standing of the domestic investor;
8. Identity certificates (photocopies) of the authorized representatives of all investing parties;
9. Letter of appointment for members of the directorate (or executive directors) and the board of directors (or supervisors) issued by all investing parties and their identity certificates (photocopies);
10. Certification of use permit for the company’s registered place or the lease agreement and the lessor’s house ownership certificate (photocopy);
11. Relevant approval documents or filing documents issued by the state-owned assets supervision and administration authority (For projects involving the state-owned assets, such documents shall be provided according to relevant regulations on state-owned assets management);
12. Agency agreement and the agency’s business license (photocopy) in case of entrusting an intermediary with the application;
13. The “Talent Intermediary Service Permit”;
14. Resumes and vocational qualification certificates of the prospective full-time staff;
15. Other documents required by the examination and approval authority.
Duration
The Commission shall decide whether to approve or not within ten working days since the acceptance day.
Legal Ground
1. The “Interim Rules on Administration of Chinese-Foreign Talent Intermediary Joint Ventures” of the Ministry of Personnel, the Ministry of Commerce and the State Administration for Industry & Commerce (2003);
2. The “Decision of Amending ‘Interim Rules on Administration of Chinese-Foreign Talent Intermediary Joint Ventures’” of the Ministry of Personnel, the Ministry of Commerce and the State Administration for Industry & Commerce (2005);
3. The “Catalogue of Industries for Guiding Foreign Investment” of the National Development and Reform Commission and the Ministry of Commerce (amended in 2007);
4. The “Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2000) and the “Rules for the Implementation of the Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2001);
5. The “Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001);
6. The “Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (amended in 2000) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (issued in 1995); and
7. The “Company Law of the People’s Republic of China” (amended in 2005).
Notes:
1. For other applications of service enterprises, please check the “Guide and Instructions” of the “Online Application System for Foreign Investment in Shanghai” (http://wz.investment.gov.cn/SFI/).
2. An applicant (a foreign-invested enterprise or agency) shall operate online according to the following steps before submitting the written application materials:
(1) Log on to the site (http://wz.investment.gov.cn/SFI/) and enter the application page;
(2) Fill in relevant information according to the instructions of the “Application Guide” to confirm the type of the applied issue, and directly choose the type of the applied issue from the “List of Applied Issues”;
(3) When the type of the applied issue is confirmed by the system, the applicant may inquire the “Guide and Instructions” and the “List of Application Materials”, and choose “Apply Online” to fill in relevant contents of the applied issue;
(4) Finally, the applicant should print the “List of Materials for Project Application” generated by the system after the application as the cover of the paper materials to be submitted and submit the written materials to the examination and approval authority indicated by the system;
(5) During the online application, an applicant may continue the temporarily saved application or check the status of the completed application project with the “Application Number” provided by the system; and
(6) The “System Operation Manual” may be downloaded at the home page of the system.
Service Industry (Convention & Exhibition Industry)
Acceptance Authority and Scope
The Putuo Commission of Commerce (hereinafter referred to as the Commission) accepts the application for establishment and change of foreign-invested convention and exhibition enterprises with the total investment of less than US$0.1 billion (excluding those with the total investment of over US$0.1 billion after the capital increase).
Application Conditions
1. Investor qualification: foreign investors should have the experience of hosting international exhibitions, special exhibitions or international conventions;
2. Foreign-invested convention and exhibition enterprises established upon approval may conduct the following businesses: hosting and undertaking all kinds of economic and technological exhibitions and conventions in China; holding conventions outside China; and
3. Foreign investors are allowed to establish a sino-foreign joint venture, a sino-foreign contractual joint venture or a wholly foreign-owned enterprise conducting the convention and exhibition business.
Handling Procedures
1. Investors shall submit the application materials for establishing the foreign-invested convention and exhibition enterprises to the Commission according to the power of examination and approval; and
2. The Commission shall decide whether to approve or not according to relevant regulations. If the establishment is approved, a “Foreign-invested Enterprise Permit” shall be issued. If not, a written notification with reasons shall be sent out.
List of Application Materials
1. Application report;
2. Power of attorney for serving legal documents;
3. Prior approval notice of enterprise name (photocopy) issued by the industrial and commercial administration authority;
4. Contract and Articles of Association of the foreign-invested enterprise signed by the authorized representative of the investor (A wholly foreign-owned enterprise only needs to present the Articles of Association);
5. Notarized and accredited subject qualification certificate or identity certificate of the overseas investor and the Chinese versions;
6. Bank certification of credit standing of the overseas investor and the Chinese version;
7. Business license (photocopy) and bank certification of credit standing of the domestic investor;
8. Identity certificates (photocopies) of the authorized representatives of all investing parties;
9. Letter of appointment for members of the directorate (or executive directors) and the board of directors (or supervisors) issued by all investing parties and their identity certificates (photocopies);
10. Certification of use permit for the company’s registered place or the lease agreement and the lessor’s house ownership certificate (photocopy);
11. Relevant approval documents or filing documents issued by the state-owned assets supervision and administration authority (For projects involving the state-owned assets, such documents shall be provided according to relevant regulations on state-owned assets management);
12. Agency agreement and the agency’s business license (photocopy) in case of entrusting an intermediary with the application;
13. Documents certifying that the foreign investor has hosted the international fairs, special exhibitions or conventions; and
14. Other documents required by the examination and approval authority.
Duration
The Commission shall decide whether to approve or not within ten working days since the acceptance day.
Legal Ground
1. The “Interim Provisions on Establishment of Foreign-invested Convention & Exhibition Enterprises” of the Ministry of Commerce (2004);
2. The “Catalogue of Industries for Guiding Foreign Investment” of the National Development and Reform Commission and the Ministry of Commerce (amended in 2007);
3. The “Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2000) and the “Rules for the Implementation of the Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2001);
4. The “Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001);
5. The “Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (amended in 2000) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (issued in 1995); and
6. The “Company Law of the People’s Republic of China” (amended in 2005).
Notes:
1. For other applications of service enterprises, please check the “Guide and Instructions” of the “Online Application System for Foreign Investment in Shanghai” (http://wz.investment.gov.cn/SFI/).
2. An applicant (a foreign-invested enterprise or agency) shall operate online according to the following steps before submitting the written application materials:
(1) Log on to the site (http://wz.investment.gov.cn/SFI/) and enter the application page;
(2) Fill in relevant information according to the instructions of the “Application Guide” to confirm the type of the applied issue, and directly choose the type of the applied issue from the “List of Applied Issues”;
(3) When the type of the applied issue is confirmed by the system, the applicant may inquire the “Guide and Instructions” and the “List of Application Materials”, and choose “Apply Online” to fill in relevant contents of the applied issue;
(4) Finally, the applicant should print the “List of Materials for Project Application” generated by the system after the application as the cover of the paper materials to be submitted and submit the written materials to the examination and approval authority indicated by the system;
(5) During the online application, an applicant may continue the temporarily saved application or check the status of the completed application project with the “Application Number” provided by the system; and
(6) The “System Operation Manual” may be downloaded at the home page of the system.
Service Industry (Warehousing Industry)
Acceptance Authority and Scope
The Putuo Commission of Commerce (hereinafter referred to as the Commission) accepts the application for establishment and change of foreign-invested warehousing enterprises with the total investment of less than US$0.1 billion (excluding those with the total investment of over US$0.1 billion after the capital increase).
Application Conditions
A foreign-invested warehousing enterprise shall meet the following requirements:
1. Its registered capital shall be in accordance with relevant regulations of the “Company Law of the People’s Republic of China”;
2. The proportion of total investment to registered capital shall be in accordance with relevant regulations on foreign-invested enterprises; and
3. The investment scale shall be in line with the business scope.
Handling Procedures
1. Investors shall submit the application materials for establishing the foreign-invested convention and exhibition enterprises to the Commission according to the power of examination and approval; and
2. The Commission shall decide whether to approve or not according to relevant regulations. If the establishment is approved, a “Foreign-invested Enterprise Permit” shall be issued. If not, a written notification with reasons shall be sent out.
List of Application Materials
1. Application report;
2. Power of attorney for serving legal documents;
3. Prior approval notice of enterprise name (photocopy) issued by the industrial and commercial administration authority;
4. Contract and Articles of Association of the foreign-invested enterprise signed by the authorized representative of the investor (A wholly foreign-owned enterprise only needs to present the Articles of Association);
5. Notarized and accredited subject qualification certificate or identity certificate of the overseas investor and the Chinese versions;
6. Bank certification of credit standing of the overseas investor and the Chinese version;
7. Business license (photocopy) and bank certification of credit standing of the domestic investor;
8. Identity certificates (photocopies) of the authorized representatives of all investing parties;
9. Letter of appointment for members of the directorate (or executive directors) and the board of directors (or supervisors) issued by all investing parties and their identity certificates (photocopies);
10. Certification of use permit for the company’s registered place or the lease agreement and the lessor’s house ownership certificate (photocopy);
11. The warehouse lease agreement and ownership certificate or relevant documentary evidence of obtaining the land lot of the warehouse (photocopy);
12. Relevant approval documents or filing documents issued by the state-owned assets supervision and administration authority (For projects involving the state-owned assets, such documents shall be provided according to relevant regulations on state-owned assets management);
13. Agency agreement and the agency’s business license (photocopy) in case of entrusting an intermediary with the application; and
14. Other documents required by the examination and approval authority.
Duration
The Commission shall decide whether to approve or not within ten working days since the acceptance day.
Legal Ground
1. The “Catalogue of Industries for Guiding Foreign Investment” of the National Development and Reform Commission and the Ministry of Commerce (amended in 2007);
2. The “Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2000) and the “Rules for the Implementation of the Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2001);
3. The “Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001);
4. The “Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (amended in 2000) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (issued in 1995); and
5. The “Company Law of the People’s Republic of China” (amended in 2005).
Notes:
1. For other applications of service enterprises, please check the “Guide and Instructions” of the “Online Application System for Foreign Investment in Shanghai” (http://wz.investment.gov.cn/SFI/).
2. An applicant (a foreign-invested enterprise or agency) shall operate online according to the following steps before submitting the written application materials:
(1) Log on to the site (http://wz.investment.gov.cn/SFI/) and enter the application page;
(2) Fill in relevant information according to the instructions of the “Application Guide” to confirm the type of the applied issue, and directly choose the type of the applied issue from the “List of Applied Issues”;
(3) When the type of the applied issue is confirmed by the system, the applicant may inquire the “Guide and Instructions” and the “List of Application Materials”, and choose “Apply Online” to fill in relevant contents of the applied issue;
(4) Finally, the applicant should print the “List of Materials for Project Application” generated by the system after the application as the cover of the paper materials to be submitted and submit the written materials to the examination and approval authority indicated by the system;
(5) During the online application, an applicant may continue the temporarily saved application or check the status of the completed application project with the “Application Number” provided by the system; and
(6) The “System Operation Manual” may be downloaded at the home page of the system.
Service Industry (Catering Industry)
Acceptance Authority and Scope
The Putuo Commission of Commerce (hereinafter referred to as the Commission) accepts the application of foreign-invested catering enterprises with the total investment of less than US$0.1 billion (excluding those with the total investment of over US$0.1 billion after the capital increase).
Application Conditions
Applicants shall have the site, sanitary and other conditions needed for the catering enterprises.
Handling Procedures
1. Investors shall submit the application materials for establishing the foreign-invested convention and exhibition enterprises to the Commission according to the power of examination and approval; and
2. The Commission shall decide whether to approve or not according to relevant regulations. If the establishment is approved, a “Foreign-invested Enterprise Permit” shall be issued. If not, a written notification with reasons shall be sent out.
List of Application Materials
1. Application report;
2. Power of attorney for serving legal documents;
3. Prior approval notice of enterprise name (photocopy) issued by the industrial and commercial administration authority;
4. Contract and Articles of Association of the foreign-invested enterprise signed by the authorized representative of the investor (A wholly foreign-owned enterprise only needs to present the Articles of Association);
5. Notarized and accredited subject qualification certificate or identity certificate of the overseas investor and the Chinese versions;
6. Bank certification of credit standing of the overseas investor and the Chinese version;
7. Business license (photocopy) and bank certification of credit standing of the domestic investor;
8. Identity certificates (photocopies) of the authorized representatives of all investing parties;
9. Letter of appointment for members of the directorate (or executive directors) and the board of directors (or supervisors) issued by all investing parties and their identity certificates (photocopies);
10. Certification of use permit for the company’s registered place or the lease agreement and the lessor’s house ownership certificate (photocopy);
11. Relevant approval documents or filing documents issued by the state-owned assets supervision and administration authority (For projects involving the state-owned assets, such documents shall be provided according to relevant regulations on state-owned assets management);
12. Agency agreement and the agency’s business license (photocopy) in case of entrusting an intermediary with the application; and
13. Other documents required by the examination and approval authority.
Duration
The Commission shall decide whether to approve or not within ten working days since the acceptance day.
Legal Ground
1. The “Catalogue of Industries for Guiding Foreign Investment” of the National Development and Reform Commission and the Ministry of Commerce (amended in 2007);
2. The “Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2000) and the “Rules for the Implementation of the Law of the People’s Republic of China on Foreign-funded Enterprises” (amended in 2001);
3. The “Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures” (amended in 2001);
4. The “Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (amended in 2000) and the “Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures” (issued in 1995); and
5. The “Company Law of the People’s Republic of China” (amended in 2005).
Notes:
1. For other applications of service enterprises, please check the “Guide and Instructions” of the “Online Application System for Foreign Investment in Shanghai” (http://wz.investment.gov.cn/SFI/).
2. An applicant (a foreign-invested enterprise or agency) shall operate online according to the following steps before submitting the written application materials:
(1) Log on to the site (http://wz.investment.gov.cn/SFI/) and enter the application page;
(2) Fill in relevant information according to the instructions of the “Application Guide” to confirm the type of the applied issue, and directly choose the type of the applied issue from the “List of Applied Issues”;
(3) When the type of the applied issue is confirmed by the system, the applicant may inquire the “Guide and Instructions” and the “List of Application Materials”, and choose “Apply Online” to fill in relevant contents of the applied issue;
(4) Finally, the applicant should print the “List of Materials for Project Application” generated by the system after the application as the cover of the paper materials to be submitted and submit the written materials to the examination and approval authority indicated by the system;
(5) During the online application, an applicant may continue the temporarily saved application or check the status of the completed application project with the “Application Number” provided by the system; and
(6) The “System Operation Manual” may be downloaded at the home page of the system.