Foreign-invested enterprises as mentioned in these Regulations include Chinese-foreign joint ventures, Chinese-foreign cooperative ventures and foreign-funded enterprises. Article 3 The legitimate rights and interests of foreign-invested enterprises and their employees are protected by national laws and regulations.
Enterprises with foreign investment and their employees must abide by the laws and regulations of China. Chapter II Management Organization Article 4 The competent department of foreign economic relations and trade of Nanning is the examination and approval authority of foreign-invested enterprises in Nanning. Its duties are:
(1) Examining and approving the establishment of various foreign-invested enterprises in Nanning according to the authority, and issuing approval certificates for foreign-invested enterprises;
(2) Declaring and issuing import and export licenses for materials and products needed by foreign-invested enterprises according to their authority;
(three) according to the authority, in conjunction with the relevant departments to review, confirm and issue qualification certificates for advanced technology enterprises and product export enterprises;
(4) supervising foreign-invested enterprises to abide by relevant state laws and regulations;
(five) to inspect and supervise the implementation of contracts and articles of association of foreign-invested enterprises, accept complaints from foreign-invested enterprises, and coordinate and resolve foreign-related contract disputes of enterprises. Article 5 The competent departments of Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures (hereinafter referred to as joint ventures) are the competent departments of China. When a joint venture has two or more China joint ventures belonging to different departments or regions, the relevant departments and regions shall determine a competent department of the enterprise through consultation. Article 6 Where a state-owned enterprise conducts joint ventures or cooperative operations with foreign investors with tangible state-owned assets such as houses, buildings, equipment, venues and funds or intangible assets such as patents and trademarks, it shall be assessed and confirmed by the state-owned assets management department, and the property rights shall be registered before signing the joint venture or cooperative operation contract. Seventh industry and commerce, taxation, finance, planning, economy and trade, labor, personnel, environmental protection, health, fire control, statistics and other departments. We should strengthen the management, supervision, guidance and service of foreign-invested enterprises in accordance with their respective legal responsibilities, procedures and time limits, and safeguard the legitimate rights and interests of foreign-invested enterprises and their employees. Chapter III Establishment, Change and Termination of Enterprises Article 8 To apply for a joint venture, the following documents shall be submitted to the examination and approval authority:
(1) An application for the establishment of a joint venture;
(two) the project proposal and approval;
(3) Feasibility study report and approval letter signed by the parties to the joint venture;
(4) Contracts and articles of association signed by the legal representatives of the parties to the joint venture;
(5) Notice of the administrative department for industry and commerce on the pre-approval and registration of the joint venture name;
(six) the business license or industrial and commercial registration form of each party to the joint venture and the certificate of the legal representative, and the foreign individual investment only needs the ID card (copy);
(7) Credit certificates of foreign banks;
(8) List of the board of directors of the joint venture;
(9) List of imported equipment and materials;
(ten) the evaluation and confirmation of state-owned assets (state-owned enterprises in China) or the definition of property rights (joint-stock enterprises and collective enterprises in China);
(eleven) land requisition or lease certificate;
(twelve) opinions of the environmental protection department (involving environmental protection projects);
(twelve) other documents that need to be submitted. Article 9 To bid for a foreign-capital enterprise, the following documents shall be submitted to the examination and approval authority:
(1) A written application for establishing an enterprise;
(2) Notice of pre-approval and registration of the enterprise name of the administrative department for industry and commerce;
(3) An application form for establishing a foreign-funded enterprise in China;
(four) the feasibility study report of the project;
(5) Articles of association of the foreign-capital enterprise;
(six) the company registration certificate, business license and investor ID card, personal investment only need ID card (copy);
(seven) bank credit certificate;
(eight) land acquisition or site lease agreement;
(nine) opinions of the environmental protection department (involving environmental protection projects);
(10) List of members of the board of directors (copy of ID card);
(eleven) other documents that need to be submitted. Tenth special industries or projects involving import and export licenses, in accordance with the relevant provisions of the state, the project organizer shall declare all kinds of procedures before examination and approval. Article 11 The examination and approval authority shall, within seven days from the date of receiving the complete, lawful and valid application materials submitted by foreign-invested enterprises, make a decision on approval or disapproval. If the last day of the approval period is a legal holiday or rest day, the approval period will continue to the first working day after the legal holiday or rest day.
If the examination and approval authority considers that the application of a foreign-invested enterprise does not conform to any of the circumstances stipulated in Articles 8, 9 and 10 of these Regulations, it may be amended or corrected within a time limit; If it is not amended or corrected within the time limit, it shall be deemed as not having applied. Article 12 If an enterprise with foreign investment considers that it meets the conditions stipulated in the national laws, regulations and these Regulations and applies to the examination and approval authority and the registration authority for the issuance of the approval certificate and business license, and the examination and approval authority and the registration authority refuse to issue it or fail to reply within the time limit, it may apply for reconsideration to the people's government at the same level or the competent department at the next higher level that made the decision within 15 days from the date of knowing the decision of the examination and approval authority and the registration authority or the expiration of the statutory time limit; Foreign-invested enterprises can also bring a lawsuit directly to the people's court.