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Setting up a company in Chongqing
Encouraged and Restricted Industries for Investment
 
“Instruction Catalogue For Foreign Investment Industries” (encouraged, restricted, and prohibited types) and“ Advantageous Industries Catalogue For Foreign Investment In Central West Area” are the basis for instructions and approval on foreign investment projects and the corresponding policy applicable for foreign investment companies.

(1) The encouraged foreign investment projects are listed below:
A. Agricultural new technology, agricultural general development, energy, communications, and key raw material industries;
B. High & new technology, advanced applicable technology, which can improve product performance, increase technological and economical benefit for enterprises, or produce new equipment and material that cannot be sufficiently produced by domestic productivity;
C. Suit market demands, and can upgrade product level, exploit new market or enhance international competitiveness;
D. New technology, new equipment, which can save energy and raw materials, comprehensively utilize resources and recycled resources, and prevent and cure environment pollution;
E. Can exert labor and resource advantages of central west area, and complies to national industry policies;
F. Other situations defined by laws and administrative regulations.

(2) The restricted foreign investment projects are listed below:
A. Out of date technologies;
B. Not good for saving resources and improving ecologic environment;
C. Be engaged in special mineral prospecting and exploration that are nationally ruled for protective exploration;
D. Industries that will be gradually opened by the government;
E. Other situations defined by laws and administrative regulations.

(3) The prohibited foreign investment projects are listed below:
A. Those endanger national security or damage social common interests;
B. Those pollute or damage environment, destroy natural resources or damage human health;
C. Those occupy great amount of arable land, and are not good for land resource protection and development;
D. Those endanger military facility security and effectiveness;
E. Those use products produced by special techniques or technology of our country;
F. Other situations defi ned by laws and administrative regulations.

Procedures to Setup a company

1.Special instruction on application of foreign investment company

( 1 ) Examination and approval authorities for contract and bylaws:
Chongqing Foreign Economy and Trade Relations Commission, Foreign Economy and Trade Relations Commission (Bureau or Office) of each district, county (city) of Chongqing
Chongqing Economic and Technological Development Zone Administrative Commission
Chongqing Hi-tech Industry Development Zone Administrative Commission
Chongqing New North Zone Administrative Commission

(2) Project authorization authorities:
Industrial Projects : Chongqing Economic Commission
Non-industrial projects: Chongqing Municipal Development and Reform Commission
Commercial projects: Chongqing Commerce Commission
If it is invested as national assets, a project feasibility study report should b e compiled for approval by related departments.
For encouraged or allowed project with total investment below 30 million USD, it should be examined and approved by local Foreign Economy and Trade Commission (Bureau or Office) of the district or county(city) where the project is located.

For encouraged or allowed project with total investment below 30 million USD within Chongqing Economic and Technological Development Zone, Chongqing Hi-tech Industry Development Zone, or Chongqing New North Zone, it should be examined and approved by local development zone administrative commission.

For encouraged or allowed company with total investment below 100 million USD, and restricted company with total investment below 50 million USD, its contract and bylaws should be examined and approved by Chongqing Foreign Trade and Economic Relations Commission as per national stipulations. For encouraged or allowed company with total investment over 100 million USD, and restricted company with total investment over 50 million USD, it shall be reported to Ministry of Commerce for examination and approval by Chongqing Foreign Trade and Economic Relations Commission.

2. Procedures for Applying Foreign Invested Company (as its representative organization in Chongqing)
(1) Sino-foreign joint venture (hereinafter referred to as“joint venture”)
 


(2) Chinese and foreign cooperative joint venture (hereinafter referred to as“ cooperative
 


(3) Foreign-invested venture
 


(4) Permanent representative organization setup in Chongqing by foreign company
 


3. The quick way to apply for foreign invested enterprise in Chongqing

To simplify the procedures, increase efficiency, and further improve investment environment, Chongqing government adopts the “one stop” service to foreign investors, which is interpreted as “one window to outside, integrated service, one spot to collect charges, and one center for complaints”.

Office of “One-stop” service is at 6th floor of Chongqing Foreign Trade Building. The office hour is on Tuesday, morning to evening. It is led by Chongqing Foreign Trade and economic Relations Commission under authorization of municipal government. Members from related departments of land administration, urban construction, planning, taxation, industry and commerce, customs, electric power, fire fighting, environmental protection, inspection, quarantine, insurance, labor and other departments will work here to manage and deal with issues related to investment consultation before and after establishment of foreign-invested enterprises.

During non-office hours of “One-stop” service, Chongqing Foreign Investment Company Administrative Service Center will provide services of consultation, reception, communication, and so on. (Refer to Section 4 –“Related Organization” for contact)

4. Employment stipulations

Refer to Labor Law of The People’s Republic Of China, The Trade Union Law of the People’s Republic of China, Stipulations to Protect Employees’ Rights of Chongqing, Temporary Method for Management of Labor Contract of Chongqing, etc.

5. Others

(1) If foreign employees of foreign investment company need permanent stay in Chongqing, a procedure for permanent stay can be dealt with.
 
(2) Foreign investors are encouraged to invest by means of sole investment, joint investment, cooperation, BOT, TOT, purchase, merge, rent, and other international investment methods. BOT and TOT projects invested by foreign investors can enjoy preferential policies for encouragement category of foreign investment.
 
(3) Unless it is specially defined by national stipulations, investment proportion and operation duration of infrastructure facilities, supporting industries, and hi-tech projects invested by foreign investors in Chongqing will not be restricted. Operation duration for foreign invested commercial project can be extended to 40 years, and registration capital can be reduced to 30 million yuan RMB.
 
(4) If foreign-invested company and domestic company cooperate or invest again to establish another entity company, and foreign investment proportion reaches 25%, it can enjoy the above preferential treatment of foreign-invested company.
 
(5) If foreign investor invests by means of hi-tech, proportion of the evaluated total price can exceed 20% of registered capital of the company.
 
Related departments and contacts:
 
Chongqing Foreign Trade and Economic Relations Commission: 86-23-89018011
Date: 22 Aug 07    Views: 77    Comments: 0          

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