I. Legal basis
(I) It is stipulated in Article 5 of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Venture (promulgated by Order No. 40 of the President of the People's Republic of China on October 31, 2000) that, “for the purpose of applying for the establishment of a contractual joint venture, such documents as the agreement, the contract and the articles of association signed by the Chinese and foreign parties shall be submitted for examination and approval to the department in charge of foreign economic relations and trade under the State Council or to the department or local government authorized by the State Council (hereinafter referred to as the examination and approval authority). The examination and approval authority shall, within 45 days of receiving the application, decide whether or not to grant approval.”
(II) Paragraph 1 of Article 6 in the Detailed Rules on the Implementation of the Law of People's Republic of China on Chinese-Foreign Contractual Joint Venture (Order No.6 of the Ministry of Foreign Trade and Economic, approved by the State Council on September 4, 1995) that “The establishment of a contractual joint ventures shall be examined and approved by the Ministry of Foreign Trade and Economic or the department or local government authorized by the State Council.”
II. Conditions of Applications
Foreign enterprises, other economic organizations or individuals shall, based on the principle of equality and mutual benefits, establish Chinese-foreign contractual joint ventures within the territory of China jointly with Chinese enterprises or other economic organizations.
III. Submissions
(I) Application for the establishment of a contractual joint ventures;
(II) Comments made by the authority in charge of commerce of the municipality and autonomous prefecture;
(III) Feasibility study report and reply of Sichuan Development and Reform Commission
(IV) Contract and Articles of Association (signed by the legal representatives of the Chinese/foreign investors or their authorized persons);
(V) Appointment letter of members of Board of Directors or joint management committee, signed by the legal representative of the investors;
(VI) Business license or registration certificate, credit certification and valid certificate of the legal representative of the parties under cooperation;
Besides the above materials, the followings shall be attached:
1. Notice on Approval of Enterprise Name for Registration issued by the administration for industry and commerce;
2. If it is needed to import equipment, the list of equipment to be imported (name, specification, quantity and price) shall be provided;
3. In case that the Chinese party which is a state-owned holding enterprise invests with fixed assets, the assets appraisal report shall be provided;
4. In case that any of the above documents is signed by the authorized person, a power of attorney (original) issued by the legal representative shall be provided.
IV. Handling procedures
(I) The applicant shall submit the application to the service office of the authority in charge of commerce in the Government Affairs Service Center of the local people's government of the region, municipality or autonomous prefecture;
(II) The authority in charge of commerce of the region, municipality or autonomous prefecture shall submit its comments and other relevant documents to the service office of Sichuan Provincial Department of Commerce in Government Affairs Service Center of the Sichuan Provincial People's Government;
(III) Sichuan Provincial Department of Commerce shall carry out legal examination on the application and make decision whether to issue the administrative permit or not. In case of refusal of application, it is required to give reasons.
V. Time limit for handling
(I) Legal time limit: 45 working days (Article 5 of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Venture ).
(II) Time limit promised: 45 working days
VI. Charging basis and standard
Free of charge
VII. Contact
Contact number: Service Office of Sichuan Provincial Department of Commerce in Government Affairs Service Center of Sichuan Provincial People's Government: (028) 86939516
Hotline for Foreign Investment Consultation: 86-28-86520402 86520222
Section of Foreign Investment Promotion of Sichuan Provincial Department of Commerce: (028) 83221294
Hotline for Complaint: Government Affairs Service Center of Sichuan Provincial People ' s Government: (028) 8693617986936381
Sichuan Provincial Department of Commerce: (028) 322325983224046
Website of Government Affairs Service Center of Sichuan Provincial People's Government: www.sczw.gov.cn
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