2.Q：What is notable in registering the company name of foreign investment enterprise?
- Company name shall not be identical to the name of other registered company in the same industry or unstated industry, except for those with investment relations.
- It shall not be identical to the original name of another enterprise renamed less than one year ago
- It shall not be identical to the name of the enterprise deregistered or whose business license was revoked less than three years ago
- It shall be subject to the approval of relevant authority for the use of words, such as “Country”, “China”, “Guangdong”, “International” and others
- It shall not include Chinese phonetic alphabet or pinyin (i.e. Bopomofo) or Hindu-Arabic numerals
3.Q：What are the requirements for the time limit of capital subscription of foreign investment enterprise?
- The capital to be subscribed in lump sum as contemplated in the articles of association shall be paid up within six months from the date of issue of business license; or
- The capital to be subscribed by installment as contemplated in the articles of association shall be paid up within three months from the date of issue of business license, with the first installment not to be less than 20% of the amount of capital subscription.
4.Q：In what forms is a foreign investment enterprise subscribing capital?
6.Q：What process should be involved in foreign investment enterprise incorporation generally?
- Approval of local Department of Foreign Trade & Economic Cooperation
- Application for business license to Administration for Industry and Commerce
- Ordering official company seal with Public Security Bureau
- Processing Certificate of Institutional Code
- Opening bank account
- Processing National and Local Tax Registration Certificate
- Financial Registration Certificate
- Foreign Exchange Registration Certificate
- Customs Registration Certificate
- Processing recruiting formality and expatriating employment formality
7.Q：What should be included in the “credit certificate” issued by the bank?
- Bank certifying when the company opens the account and note: good operation, normal dealings and no bad record since opening; or
- Bank certifying the company has deposit balance being equal or higher than the amount of registered capital
- Bank certifying how many digits there are in the deposit amount of company (the number of digits must be equal to the number of digits in the amount of registered capital)
- Translation text being submitted under the seal of relevant translation company, if the bank reference letter is in a foreign language
8.Q：What documents should be notarized for foreign investment enterprise
- Foreign investor enterprise’s Business Registration Certificate
- ID card or passport, if the foreign investor is an nature person
- The foregoing certificates shall be subject to notarisation by local solicitors first and certification by local
- Chinese consulate/embassy later; while the certificates of enterprises in Hong Kong and Macau regions shall be subject to notarisation by Chinese authorised public notary
9.Q：Who will act as the corporate representative of foreign investment enterprise?
10.Q：What documents should be submitted for foreign investment enterprise to alter its operating period?
- Application for Modifications (Filing) of Registration Items of Foreign Investment Enterprise executed by the corporate representative
- Board resolution
- Approval of examining and approving organ and its copy
- Supplemental contract, articles of association approved by the examining and approving organ (wholly foreign-owned enterprise need not submit the contract)
- Each investor’s copies of Business Opening Certificate or personal ID certificate
- Copies of Power of Attorney about Application for Enterprise (Company) Registration and the
- attorney’s ID certificate
- The original and copy of the company’s business license
10.Q：Can foreign investment enterprise increase the total amount ofinvestment or
11.Q：What are the requirements for deregistration of foreign investment enterprise?
- The operating period contained in the business contract and the articles of association expires or
- Other causes for dissolution contained therein occur, or the enterprise is declared or ordered to wind up
- because of amalgamation, division or dissolution
- Dissolution by board resolution
- Liquidating group is set up by the enterprise
- Liquidation Announcement is published in newspapers at least three times
- The liquidating group shall make Liquidation Report which shall be subject to the confirmation of board of directors, shareholders, relevant competent authority
12.Q：What are the requirements for setting up branches of foreign investment enterprise?
A：Requirements are as follows:：
- It has a name that meets the specification
- Its place of business is located outside of its head office
- It has a fixed place of business or meets the condition for production and operation
- It has corresponding governing body and principal
- The scope of business of the branches shall not exceed that of parent company
- Establishment of branches of foreign investment enterprise shall be subject to approval of relevant department
- The capital in cash of parent company shall be duly prepared in full for branch establishment, if the wholly foreign-owned enterprise has sole shareholder
13.Q：Can an incorporated foreign investment enterprise reinvest in China?
14.Q：Can a newly incorporated foreign investment enterprise whose scope of business includes both production and trade, be entitled to tax incentive?
15.Q：Can foreign investment enterprises incorporated in bonded area apply for
16.Q：Can foreign investment enterprise incorporated inside bonded area alter its registered address to operate outside the said area?
17.Q：What is the minimum amount of registered capital for foreign investment enterprise incorporation?
A：Annual License Renewal refers to legal inspection carried out lawfully by governmental department to all foreign investment enterprises, where foreign investment enterprise should complete the report on Joint Annual License Renewal, balance sheet, profit and loss statement, and other related information.
2.Q：What departments are involved in the Joint Annual License Renewal of Foreign Investment Enterprise?
A：Annual License Renewal involves Administration for Industry and Commerce, National Tax Bureau, Local Tax Bureau, Customs, Administration of Foreign Exchange, Financial Bureau and Bureau of Foreign Trade & Economic Cooperation and etc.
3.Q：When will the Joint Annual License Renewal of Foreign Investment Enterprise take place?
A：It take place from 1 Mar to 30 June every year.
- Application Form for the Establishment of Resident Representative Office of Foreign Investment Enterprises executed by the corporate representative of parent company
- Registration certificate of Foreign Enterprise
- Credit certificate issued by bank
- Copy of ID card of the chief representative/resident representative
- Lease agreement or certificate of title to house property
- Documents certified by local Chinese consulate or embassy
A：The foreign investment shall invest for at least 25% of the registered capital in sino-foreign equity joint venture.
2.Q：Can sino-foreign equity joint venture be transformed into wholly foreign-owned enterprise?
A：Yes. After being unanimously resolved by the meeting of Board of Directors, the proposal of transformation shall be submitted to the original organ for approval pertinent regulations.
A：Yes, it needs approval by examining and approving body, the value of contributed equipment shall be assessed by Commodity Inspection and Testing Bureau, and tariff should be paid as per the assessed value.
2.Q：How can foreign investment enterprise process export tax refund?
A：Foreign investment enterprise that produces and exports goods within the scope of business, in compliance with the Administrative Measures on Tax Rebates (Exemptions) for Exported Goods and the Notice on Certain Issues of Tax Affairs in Foreign Investment Enterprise, can use relevant supporting documents to apply for “exemption, credit and tax rebate” formalities to competent tax authority per month.
3.Q：Can the profits distributed to foreign investor from foreign investment enterprise be remitted abroad?
A：Yes. The share of profits attributable to foreign investor can be remitted out of China by virtue of duty paid proof.
4.Q：What preference does foreign investor enjoy if it reinvests its share of profits distributed from foreign investment enterprise?
A：Foreign investor who reinvests its earned profits into export-oriented enterprise or technologically advanced enterprise within China, for an operating period not less than five years, after application to and approval of tax authority, shall be entitled to refund of entire corporate profits tax paid on its reinvestment. Foreign investor who reinvests in general industrial enterprise shall be entitled to refund of 40% corporate profits tax paid on its reinvestment.
5.Q：Can foreign investment enterprise raise loan with bank in China?
A：Yes. Foreign investment enterprise can apply for loan in foreign currency or RMB to bank in China according to the needs of business activities.
6.Q：Can foreign investment enterprise open bank account in foreign banks in mainland China?
A：Foreign investment enterprise, by virtue of business license, can open bank account in foreign currency and RMB deposit account with banks or other financial institutions permitted to operate foreign exchange by national foreign exchange administration.
2.Q：Can foreign employee’s salary income be remitted abroad?
3.Q：Can enterprise recruit employees on its own? How can industrial dispute be settled if it occurs?
4.Q：By what means can foreign investment enterprise recruit employees?
- To entrust human resources agency
- To post recruitment advertisement at media
- To participate in recruitment seminars
- To entrust professionals to recruit on its behalf, Uws will provide this professional service
5.Q：What are the requirements for employee’s standard working hours?
- Not more than 8 hours per day
- Not more than 40 hours per week
- Not more than 36 OT hours in aggregate per month
6.Q：What are statutory holidays for employees every year?
- Statutory holidays include: 3 days for Spring Festival, 3 days for National Day, 1 day for New Year’s
- Day, 3 days for May Day, totaling 10 days
- Wedding leave: Employee will enjoy wedding leave of 3 days. Late marriage employee will enjoy another 10 days (male above 25 years old, and female above 23 years old)
- Maternity leave: Pregnant female employee will enjoy maternity leave of 90 days, late pregnant employee will enjoy another 15 days (giving first birth after 24 years old), and pregnant employee holding Certificate of Preferential Treatment to Only Child will enjoy another 35 days. During maternity leave, husbands will be given parental leave of 10 days
- Bereavement leave: Employee whose linear relative (parent, spouse, child) is deceased will be given bereavement leave within 3 days
6.Q：What insurance should enterprise purchase for its employees?
7.Q：What are the requirements and certificates for foreign nationals to work in China?
- 18 years old or above
- Without criminal record
- Holding valid passport or other international travel document
Our Services Include:
- WFOE Incorporation Services
- Joint Annual Examination for WFOE
- WFOE Alteration & Transfer Services
- Business Sceretarial Services
- Registered Adress &Correspondences Adress Services
- Notary Document for Hong Kong Mather Company
- Bank Account Open
- Foreign Exchange Registration Certificate
- Finance Registration Certificate
- Customs Import / Export Right