Viewpoints from Kaizen

As China’s strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders. This article provides general information on establishing a subsidiary by foreign investors, to help provide guidance and demystify the process.   Purpose of Establishing a Subsidiary in China Establishing a subsidiary in China should be considered by those who have long-term business objectives in China. Although foreign companies can enter into some commercial contracts with Chinese enterprises, such as sales contracts, license agreements, and distribution agreements, they cannot do business directly in China without an approved business license. Doing business in China through a subsidiary is at least advantageous and sometimes a necessity in overcoming certain legal and business restrictions on foreign companies. Some foreign companies may already have a resident representative office in China. Such representative offices function as internal liaisons for their parent company. However, they […]

1. Introduction After thorough analysis and evaluation, you have come to the conclusion that a Representative Office in the Shenzhen Special Economic Zone, China, is the right move for your company in making the first presence in China. What to do next? The purpose of this article is to provide foreign investors with a general understanding of the procedures and materials required in setting up a Representative Office in Shenzhen, China. 2. Procedures to Setting up a Representative Office in Shenzhen The procedures for registration of a Permanent Representative Office in Shenzhen can be summarised into a three-step process: step 1 is the preparation of application materials, step 2 is the application for registration certificate and the last step is the post-registration procedures. (1) Step 1: Pre-registration Procedure (a) Designate a Chief Representative of the proposed Representative Office. The Chief Representative is the person who will be responsible for managing […]

Introduction This guide provides an overview of the matters relating to application of working visa / Z Visa (officially named as Alien Employment Permit and Residence Permit in China) for a foreigner who intends to work in Beijing, China. The requirements, procedures and other matters associated with such application are hereby presented as a reference for Kaizen’s current and potential clients. Application Procedures Step 1: Health Examination; Step 2: Apply for Alien Employment License; Step 3: Apply for Z Visa (working visa) Invitation Letter; Step 4: Apply for Z entry Visa; Step 5: Apply for Alien Employment Permit; Step 6: Apply for Residence Permit For Step 4, the foreign applicant needs to apply for a Z entry visa with Chinese Embassy or Consulate located in his/her resident country. Documents/Materials Required Business License of the Beijing employer company Duplicate (Original); Certificate of Approval of the Beijing employer company (original); One set […]

I. Tax registration Following the provisions stipulated by the Administration Law on Collection and Administration of Tax of PRC, the foreign-invested enterprises shall apply to the local tax authorities for tax registration against relevant documents with 30 days after the issuing of the business license. It shall also present the following documents according to the relevant stipulations: approval documents, the business license, contracts, articles of association, bank account number, legal person’s identification cards, passports and other legitimate documents, as well as other documents required by the taxation authorities. After the tax registration,’ the foreign-invested enterprises shall notify the original tax registration authorities if there is any change of registration items, and make a change of registration against the relevant documents within 30 days of from the date of the change occurs. In the case of termination of a foreign-invested enterprise by means of dissolution, bankruptcy and cancellation, etc., it shall […]

Currently in China the finance organization is in a pattern that state-owned commercial banks remaining dominate and diverse financial organizations developing side by side. The government is enforcing a system of individual administrations on individual industries such as banks, securities, insurance and trusting. The state is enforcing its financial supervision on the financial market through the monetary controlling measures of the Central Bank. RMB exchange rates are based on a fluctuation rate system that goes with market demand and supply, is unified and put under control. Strict management is still enforced upon RMB free exchange under current account and foreign exchange under capital account. A system of exchange, settlement and sales shall be observed in foreign exchange payment and a system of canceling after verification in payment of import and export. Foreign Exchange Registration Foreign invested enterprises shall take a copy of the Certificate of Approval of Foreign Invested Company […]

(The procedures described below apply to registration of Wholly Foreign Owned Enterprises, Sino-Foreign Equity Joint Ventures, Sino-Foreign Cooperative Joint Ventures.) The establishment of foreign investment enterprises consists of three phases: (1) approval of the project proposal, feasibility study report, Joint Venture Contract and Articles of Association; (2) registration with the AIC; and (3) post-establishment procedures. APPROVAL PHASE All foreign investment projects are subject to approval by government authorities. The major legal documents involved in this phase are the project proposal, feasibility study report Joint Venture Contract and Articles of Association. Relevant Chinese laws provide that a joint venture agreement should also be executed and submitted to the Chinese government authorities. However, as a practical matter, the joint venture agreement has been abolished. For joint venture projects relating to infrastructure construction, the project proposal and feasibility study should be submitted to the State Development Planning Committee or its local counterparts for […]

A foreign-invested enterprise located in Guangdong province shall abide by relevant state and provincial labor management regulations in recruitment. 1. Recruitment of local staff For recruitment of staff, the enterprise shall carry out relevant formalities with local labor and social security authorities against the business license issued by the administration of industrial and commercial registration. For the recruitment of staff locally or within other places of Guangdong Province, the enterprises are permitted to decide the place, number and conditions; For the recruitment of staff from other provinces, the enterprises shall apply to the labor and social security authorities of county and above level for ratification. It is prohibited to recruit persons under 16 years old. A recruit shall, apart from effective identification document, holds other relevant documents according to registration statues: I. An urban resident who lives within the city or county where the enterprise is located shall hold an […]

Foreign-invested enterprises shall approach to the insurance institutions established within the territory of China to buy insurance policies in accordance with the Insurance Law of the People’s Republic of China. Major Insurance Items Transportation insurance for import and export commodities (sea, land, and air transportation). This shall be covered for the duration of shipment when foreign equipment or materials are imported, or domestic products are exported. The seller o~ buyer shall cover the insurance policy according to goods value as provided for in the trade contract. In principle, imported or exported goods shall be covered by local insurance companies if possible. Construction and installation projects insurance, this is t (be covered for new or expansion projects of construction (e.g. factory building) or equipment installation for the duration o: construction. Property insurance. When the operation starts, building equipment, raw materials, finished and semi-finished product shall be covered for the duration of […]

1. Foreign Exchange Registrations and Foreign Exchange Account Within 30 days of obtaining the Enterprise Legal Person Business License of the People’s Republic of China, the enterprise shall present the State Administration of Exchange Control or its branches (hereinafter referred to as AECs) with the following documentation (duplicate or photocopy) to go through foreign exchange registration formalities and to obtain the Foreign-Invested Enterprises Foreign Exchange Registration Certificate” (hereinafter referred to as the “Registration Certificate”):the approval documentation by examining and approving authorities, feasibility study report, business license issued by State Industrial and Commercial Administrative Department and other materials needed by the AECs. When having gone through foreign exchange registration formalities, the enterprise can go to the designated foreign exchange bank in the place where the enterprise is registered to open the foreign exchange capital account, the foreign exchange balance account and other special-purposed foreign exchange accounts upon presentation of the “Registration […]

Upon issuing of the business license, a foreign-invested enterprise shall go to the local finance authorities for financial registration against relevant documents. The provincial authority is the Department of Finance of Guangdong Province. There are finance bureaus in the cities as well as counties. 1. Registration upon Commencement of Business The foreign-invested enterprises shall apply to the financial authorities for financial registration within 30 days after the industrial and commercial registration and present the following documents: A. A photocopy of the approval of establishment; B. The enterprise’s contract or agreement, articles of association, (duplicate) and their respective approval documents; C. A photocopy/duplicate of the business license; D. The feasibility study and its approval document; E. Other relevant documents (e.g. leasing contract for land, factory premises or equipment, certificate of investment in the forms of land of patent right, other certificates for transfer of state assets or capital, and regulations of […]