China - Obtain a Joint Venture Certificate

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Procedure

A joint venture applying for registration must fill out the application form in triplicate. The forms shall be printed and distributed in a unified way by the State Administration for Industry and Commerce. The joint venture must truthfully fill out the items listed in the form. The chairman and vice-chairman of the board of directors or the general manager and deputy general manager shall be held fully responsible for the contents submitted therein.

The MFTEC shall review the documents it received from various places and it shall give an official reply to and issue Certificates of Approval for Foreign-invested Enterprises to the qualified corporations within 90 days as of the acceptance of the whole set of documents.

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Required Documents

• A request or registration signed by the chairman and vice-chairman of the board of directors or the general manager and deputy general manager (one each from the Chinese and foreign sides);
• The certificate of approval issued by the State Foreign Investment Control Commission. Those approved by the provinces, municipalities and autonomous regions as entrusted by the State Foreign Investment Control Commission must present the certificates of approval issued by the provinces, municipalities and autonomous regions where the joint ventures are located;
• The agreement, contract and regulations of the joint venture (both in Chinese and foreign languages in triplicate);
• A feasibility study report of the joint venture;
• The legitimate business certificate issued by the competent government department in the country (or region) where the foreign partner resides; and
• Verified documents concerning construction conditions such as environmental protection, urban construction, water and power supply, etc. issued by the relevant departments of the people's government in the city or county where the joint venture is located.

Office Locations & Contacts

State Administration for Industry and Commerce People's Republic of China
Address: 8 Sanlihe Donglu, Xichengqu, Beijing, 100820, P. R. China
Phone: +86-10-68010463/68013447
Facsimile: +86-10-68010463/68013447
Email: [email protected]
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Eligibility

Joint ventures between Chinese and foreign investors (hereinafter called "joint ventures") must apply for registration with the administrations for industry and commerce in the provinces, municipalities or autonomous regions where they are located within 30 days of approval by the Foreign Investment Control Commission of the People's Republic of China (hereinafter called the "State Foreign Investment Control Commission") or the provincial, municipal and autonomous regional governments it entrusts.

Fees

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Validity

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e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

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Related Videos

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Instructions

The equity joint venture agreement? contract and articles of association signed by the parties to the venture shall be submitted to the state's competent department in charge of foreign economic relations and trade ?hereinafter referred to as the examination and approval authorities? for examination and approval. The examination and approval authorities shall decide to approve or disapprove the venture within three months. When approved? the equity joint venture shall register with the state's competent department in charge of industry and commerce administration? acquire a business license and start operations.

The provincial, municipal or autonomous regional administration for industry and commerce that handles the application shall send to the State Administration for Industry and Commerce for approval all the documents and application forms together with the examination report, apart from keeping a copy of the agreement, contract and regulations of the joint venture and sending another copy to the administration for industry and commerce in the city or county where the joint venture is located.

Required Information

• Official Company Name
• Registration Number
• Registered Address
• Business Type
• Established Date
• License Expiry Date
• Legal Representative
• Registered Capital
• Paid-up Capital
• Business Scope
• Registration Bureau

Need for the Document

An equity joint venture is a company with limited liabilities. The foreign investor shall provide at least 25 per cent of the total registered capital.

Information which might help

With a view to expanding international economic cooperation and technological exchange, the People's Republic of China shall permit foreign companies, enterprises, other economic organizations or individuals (hereinafter referred to as foreign joint ventures) to establish equity joint ventures together with Chinese companies, enterprises or other economic organizations (hereinafter referred to as Chinese joint ventures) within the territory of the People's Republic of China, on the principle of equality and mutual benefit, and subject to approval by the Chinese Government.

Other uses of the Document/Certificate

The Chinese Government protects, in accordance with the law, the investment of foreign joint ventures, the profits due to them and their other lawful rights and interest in a joint venture, pursuant to the agreement, contract and articles of association approved by the Chinese Government.

External Links

Law of the People's Republic of China on Joint Ventures Using Chinese and Foreign Investment

State Administration for Industry and Commerce People's Republic of China

Law of the Peoples Republic of China on Chinese-Foreign Equity Joint Ventures

Law of the People's Republic of China on Chinese-foreign Equity Joint Ventures

Ministry of Commerce of the Government of the People's Republic of China

Others

The technology and equipment contributed by a foreign joint venturer as its investment must be really advanced technology and equipment that suit China's needs. In case of losses caused by a foreign joint venturer in its practising deception through the intentional provision of outdated technology and equipment, it shall compensate for the losses. A Chinese joint venturer's investment may include the right to the use of a site provided for the equity joint venture during the period of its operation.