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  What if the contract of a Sino-Foreign joint venture which has been signed already conflicts with the law newly promulgated?


Does the Customs have any regulations about foreign-invested enterprises and their imports and exports?
In accordance with Customs Law of the P.R.C. and relevant regulations, the Customs has formulated the following major regulations to handle foreign invested enterprises imports and exports:

(1) Once approved for establishment, a foreign-invested enterprise shall register with the Customs.

The enterprise shall fill out the application for declaration registration and produce the following papers while registering with the Customs:

A. A duplicate or photo copy of approved business opening certificate;
B. A duplicate or photo copy of the business license issued by ICAB;
C. The financial guaranty issued by the bank (Hand in when the Customs considers it necessary);
D. Relevant papers to show the business operations of the enterprise.
Once examined and approved by the Customs, the foreign-invested enterprise will be given the Certificate of Declaration Registration and it shall pay service charge for it.

Given the Certificate of Declaration Registration, the foreign-invested enterprise shall choose a full-timer in charge of or a person with special responsibility for declaration at the Customs. They will receive special training from the Customs. If they are qualified through tests, they'll be given a Certificate of Declarer. With this, they can handle the business of declaration.

(2)Raw materials, fuel, components, parts, accessories and packing materials imported by a foreign-invested enterprise to implement contract of goods for export are exempt from import duty. The Customs shall supervise in accordance with relevant provisions and issue A Registration Booklet of the Customs of the P.R.C. About Imported Materials and Parts to Be Processed for Export. The enterprise doesn't have to obtain import license for the goods mentioned above. However, the goods shall be subject to the Customs examination and released according to its contract or its import and export contract.

(3) While handling the formalities of declaration on imported or exported goods, the foreign-invested enterprise shall fill out the Customs Declaration Form on Imported (Exported) Goods, and declare to the Customs with the receipt of the list of goods transported. If the goods imported or exported are licensed , the Customs will check the license as well.

(4) In accordance with the regulation, the receiver of the imported goods shall declare to the Customs within 14 days after the means of transport declares its arrival, and the sender of exported goods shall declare to the Customs 24 hours prior to the loading except those with special permission of the Customs.

(5) Imported and exported goods shall be subject to the Customs' examination.

(6) Materials and parts imported through a free trade zone and used to manufacture products for domestic market shall be subject to normal import formalities. The. foreign-invested enterprise shall have its import license examined -by the Customs for its licensed commodities and shall pay import duties and VAT for the materials and parts.

What should Foreign Invested Enterprises do to establish branches?

The Foreign Invested Enterprises should apply to the original Administration Bureau for Industry and Commerce for the establishment of branches in China according to the relevant regulations. As to the establishment of branches outside China, the Foreign Invested Enterprises shall fully contribute their registered capital according to the Articles of Association and start production (or open business).

What if the contract of a Sino-Foreign joint venture which has been signed already conflicts with the law newly promulgated?

The contracts carried out inside the border of China , such as that of Sino-foreign joint venture , Sino-foreign cooperative venture or developing natural resources, can still be carried out according to the contract in case there is a new law.

What is the lowest investment quota of overseas businessmen in a jointly invested or solely foreign-funded enterprises?

The lowest investment of an overseas businessman in a Sino-foreign joint venture or a wholly foreign-owned enterprise shall be no less than USD 200,000 and that in a foreign funded enterprise shall be no less than USD 200,000.

How to apply for the status of an export-oriented enterprise or an advanced hi-tech enterprise?

Based on the principle of joining the administration and examination & approval together and of localizing the administration of wholly foreign-owned enterprises, districts(including Pudong New Area), counties, some commissions, offices, bureaus and group companies are entrusted to examine and verify the export-oriented enterprises . Also, Shanghai Foreign Investment Commission Coordination Division will examine and approve it. Firstly, the authority( equal to the level of district, county or bureau) directly in charge of the enterprise should have a preliminary examination, after that, the application will be submitted to Shanghai Foreign Investment Commission Coordination Division for Verification.

What's the settlement after the termination of the transfer of the land-using right?

1)If it's necessary for the grantee to further use the land after termination, the grantee shall apply for extension no later than one year before termination, which can be approved, unless the land-using right must be withdrawn to the need of social public benefit. After getting the approval of the extension, the grantor and grantee shall sign a new contract and the grantee shall pay the granting fee according to the regulations.

2)If the grantee doesn't apply for extension or the application is not approved, the land-using right will be withdrawn freely. The buildings, constructions and accessories should be handled according to the contract.

 
 

 
 
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