What is the procedure for setting up a foreign printing company?
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So far, the number of foreign-funded enterprises in the country has reached 2,300 or so. The establishment of these three-funded enterprises has injected funds for the development of China's printing industry. The revitalization of assets (purchasing land, factories, etc.) is a benefit for the country. jobs. How to apply for the establishment of Sino-foreign joint venture, Sino-foreign cooperation and foreign-owned (hereinafter referred to as the three-capital) printing enterprises?
Understand the relevant regulations
Before applying for the establishment of a foreign-funded printing enterprise, you should understand the laws and regulations concerning the establishment of a foreign-funded enterprise. In particular, read the Order No. 21 issued by the State Planning Commission, the State Economic and Trade Commission, and the Ministry of Foreign Trade and Economic Cooperation on March 11, 2002 – “Guidance Catalogue for Foreign Investment Industries”; published by the General Administration of Press and Publication and the Ministry of Foreign Trade and Economic Cooperation on January 29, 2002. Order No. 16 - "Interim Provisions on the Establishment of Foreign-Invested Printing Enterprises" (hereinafter referred to as "Regulations"); Order No. 315 issued by the State Council on August 2, 2001 - Regulations on the Administration of Printing Enterprises. In these regulations, in particular, first understand the following provisions:
1. Article 3 of the "Regulations" states that the state allows the establishment of Chinese-foreign joint printing enterprises engaged in publications, packaging and decorating prints, and other printed matter printing business activities, and allows foreign-invested printing enterprises engaged in printing and printing of packaging and decoration printed materials. This provision states that at present, China only allows the establishment of Sino-foreign joint ventures, Chinese-foreign joint venture publications and other printed matter.
Enterprises, and not allowed to set up foreign-owned printing enterprises.
2. Article 5, Item 5 of the Regulations states that Chinese-foreign joint venture printing enterprises engaged in the printing and printing activities of publications and other printed materials shall have a controlling or dominant position in the joint venture. At the same time, the chairman of the company shall be the Chinese party, and the Chinese party member shall be the majority. In other words, foreign companies applying for packaging, decoration and printing of foreign-funded enterprises can establish a wholly-owned or controlled packaging and decoration printing enterprise.
3. Article 6 of the "Regulations" has a clear definition of the registered capital of foreign investment. Specifically, the registered capital of foreign-invested printing enterprises engaged in the printing and printing activities of publications, packaging and decoration prints shall not be less than 10 million yuan; the registered capital of foreign-invested printing enterprises engaged in other printed matter printing business activities shall not be less than 5 million yuan.
4. According to the regulations of the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce, the foreign investment ratio of a Sino-foreign joint venture shall not be less than 25% of the registered capital.
5. From the relevant regulations of the National Development and Reform Commission, the Ministry of Foreign Trade and Economic Cooperation and the General Administration of Customs, the import of self-use equipment approved by the three-capital enterprises approved before October 1, 2002 is exempt from customs duties and value-added tax, and is approved in the future. The printing equipment will be subject to customs duties and value-added tax for the import of self-use equipment (Note: Except for enterprises that process 100% of processed enterprises and processed products).
To apply to the local provincial press and publication bureau for the establishment of a foreign-invested printing enterprise, an application should be submitted to the local provincial press and publication bureau to submit the following documents:
1. Establish an application for foreign-invested printing enterprises.
2. Project proposal and project feasibility study report signed by the legal representatives of all investors.
The names and residences of the investors of each party shall be stated in the above two documents; the name, legal representative, domicile, business scope, registered capital and total investment of the foreign-invested printing enterprise shall be applied for; Such as cash or equipment, plant, etc.) and the amount of capital contributed.
3. The registration certificate (copy) of the original enterprise of the investors, the legal representative's identity certificate (copy) and the credit certificate.
4. The document confirming the assessment report of the state-owned assets to be invested by the state-owned assets management department.
The provincial-level press and publication administration department shall submit the preliminary examination opinions within 10 working days from the date of receipt of all the prescribed documents, and submit them to the State Press and Publication Administration for approval. After submitting the preliminary examination of the provincial press and publication administration department to the State Press and Publication Administration, submit the following documents to the General Administration of Press and Publication for approval;
1. The applicant applies for the establishment document.
2. The preliminary review opinions of the provincial press and publication administration department.
3. The applicant submits all documents to the provincial press and publication administration.
4. Apply for the charter of the foreign-funded enterprise, the list of the members of the board of directors, and the letters of appointment of the parties to the board of directors.
Reported to the provincial foreign trade administrative department for preliminary examination
After being approved by the General Administration of Press and Publication, the applicant shall apply to the local economic and trade administrative department of the province, autonomous region, municipality directly under the Central Government and the municipality of the plan according to relevant laws and regulations, and submit the following documents:
1. The applicant applies for the establishment document and the approval document of the General Administration of Press and Publication.
2. Feasibility study report.
3. The contract and articles of association of foreign-invested printing enterprises signed by the legal representatives of the investors or their authorized representatives.
4. A copy of the business license or business registration certificate of each party and the credit certificate.
5. The list of members of the board of directors intending to establish a foreign-invested printing enterprise and the letter of appointment of the directors of all investors.
6. The name of the enterprise issued by the administrative department for industry and commerce, the pre-approval notice.
The foreign trade and economic administration departments of provinces, autonomous regions, municipalities directly under the Central Government, and cities with separate plans shall examine and approve foreign-invested printing enterprises with a total investment of less than US$30 million and intend to engage in printing and printing of packaging and decoration printed matter. A written decision of approval or disapproval shall be made within 30 working days from the date of receipt of all required documents. If the application for approval is approved, it shall be issued to the Foreign Investment Enterprise Approval Certificate and reported to the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the Ministry of Foreign Trade and Economic Cooperation) for the record.
Chinese-foreign joint venture printing enterprises and investment-invested enterprises with a total investment of more than US$30 million (including US$30 million), which are intended to engage in printing and printing activities of publications and other printed matter, are intended to engage in printing and printing activities of packaging and decoration printed matter, provinces, autonomous regions and municipalities directly under the Central Government. The municipal economic and trade administrative department of the plan shall submit the preliminary review opinions within 10 working days from the date of receipt of all the required documents, and submit them to the Ministry of Foreign Trade and Economic Cooperation for approval.
After the Ministry of Foreign Trade and Economic Cooperation (now the Ministry of Commerce) approves the preliminary examination of the provincial and foreign economic and trade administrative departments, the following documents are submitted to the Ministry of Foreign Trade and Economic Cooperation for approval:
1. The applicant applies for the establishment documents (including the application form, the project proposal, and the feasibility report).
2. The General Administration of Press and Publication approves the document.
3. The initial review opinions of the provinces, autonomous regions, municipalities directly under the Central Government, and the municipal economic and trade administrative departments listed separately.
4. Business license or business registration certificate of both Chinese and foreign parties, credit certificate.
5. Apply for the establishment of contracts and articles of association for foreign-funded enterprises.
6. List of board of directors and certification of delegation.
7. Enterprise name registration approval.
8. Rental agreement or property certificate.
The Ministry of Foreign Trade and Economic Cooperation (Ministry of Commerce) shall make a written decision of approval or disapproval within 30 working days from the date of receipt of all the required documents. If the application for approval is approved, it shall be issued to the Foreign Investment Enterprise Approval Certificate.
Handling industrial and commercial registration of foreign-invested enterprises
It shall, within 30 days after receiving the approval certificate from the Ministry of Foreign Trade and Economic Cooperation, register with the Administration for Industry and Commerce of the province, autonomous region and municipality directly under the Central Government and its subordinate administrative administration for industry and commerce. The following materials must be submitted:
1. Application for registration of foreign-invested enterprises signed by the chairman and the vice chairman (in triplicate).
2. The approval documents and approval certificates (copy) of the project proposal, feasibility study report, contract and articles of association (including attachments, Chinese and foreign texts) of foreign-funded enterprises by the General Administration of Press and Publication and the Ministry of Foreign Trade and Economic Cooperation.
3. The business license issued by the competent government department of the country (region) where the investor is located.
4. Investor's bank credit certificate.
5. The list of the company's board of directors and the board of directors, the deputy chairman of the board of directors (jobs) documents and the identification of the above-mentioned personnel.
6. Registration form for legal representative of foreign-invested enterprises.
7. The proof of the use of the enterprise residence, the house leased by the enterprise residence, the housing lease agreement (the lease period should be more than one year) and the property certificate of the lessor.
8. Where urban construction (including land occupation, water supply, power supply, gas supply, communication, etc.) and environmental protection are involved, the approval of the relevant competent authority shall be submitted. Handling land use procedures Foreign-invested enterprises need to go to the land administration department to apply for land use rights when obtaining land use rights.
Handling Foreign Exchange Registration Certificate for Foreign-invested Enterprises
The foreign-invested enterprise shall, within 30 days from the date of issuance of the business license, go through the foreign exchange registration formalities with the foreign exchange administration of the place of registration, and obtain the Foreign Exchange Registration Certificate for Foreign-invested Enterprises, and submit the following materials (photocopy):
1. The contract and articles of association approved by the examination and approval authority.
2. The approval certificate issued by the examination and approval authority.
3. Business license and copy issued by the Administration for Industry and Commerce. After reviewing the above documents, the SAFE will fill out and issue the Foreign Exchange Registration Certificate for Foreign-invested Enterprises.
The enterprise holds the foreign exchange registration certificate of the foreign-invested enterprise and opens a foreign exchange account to the designated foreign exchange bank. With the approval of the State Administration of Foreign Exchange, foreign-invested enterprises may also open foreign exchange accounts in other regions of China or overseas financial institutions.
Handling bank accounts
1. Open a foreign exchange account. A foreign-invested enterprise may choose a bank that is permitted to operate foreign exchange business to open a foreign exchange account. When opening an account, you must submit the following materials (copy) to the bank:
1.1 Business license issued by the Administration for Industry and Commerce.
1.2 Approval certificate issued by the examination and approval authority.
2. Open a RMB account. A foreign-invested enterprise may choose a bank that is permitted to operate the RMB business to open a RMB account. When opening an account, you must submit the following materials (copy) to the bank:
2.1 Business license issued by the Administration for Industry and Commerce.
2.2 Approving the approval certificate issued by the family.
Tax registration
The foreign-funded enterprise shall, within 30 days from the date of obtaining the business license, file the tax registration with the competent tax authority with the following materials (photocopy);
1. A copy of the business license issued by the Administration for Industry and Commerce.
2. Contracts, articles of association and their approval documents.
3. Approval documents issued by the approval authority.
4. Feasibility study report and approval document.
5. List of corporate board members.
Customs formalities
1. The following materials must be submitted for customs registration:
1.1 Approval certificate issued by the foreign trade and economic administration authority.
1.2 Business license issued by the Administration for Industry and Commerce.
1.3 Foreign-funded enterprises' contracts and articles of association.
1.4 Approval of the list of imported equipment.
1.5 corporate capital verification report.
1.6 foreign economic and trade commissions approved.
2, the import and export goods exemption tax approval must submit the following materials:
2.1 enterprise import or export goods declaration.
2.2 cargo invoices.
2.3 packing list, shipping bill of lading.
2.4 Import and export goods are exempt from taxation.
2.5 import and export licenses.
To handle the financial management registration of foreign-invested enterprises for financial management registration, the following materials must be submitted:
1. A copy of the business license issued by the Administration for Industry and Commerce.
2. The approval certificate issued by the examination and approval authority.
3. The feasibility study report and approval text of the enterprise.
4. The contract and articles of association of the enterprise.