(i)Policy and Administrative Rules
Catalogue of Related Laws
Foreign Trade Law of the People's Republic of China
Customs Law of the People's Republic of China
Law of the People's Republic of China on Import and Export Commodity Inspection
Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures
Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures
Law of the People's Republic of China on Foreign-Capital Enterprises
Company Law of the People's Republic of China
Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine
Law of the People's Republic of China on Control of the Entry and Exit of Aliens
Law of the People's Republic of China on the Control of the Exit and Entry of Citizens
Securities Law of the People's Republic of China
Income Tax Law of the People's Republic of China for Enterprises with Foreign Investment and Foreign Enterprises
Individual Income Tax Law of the People's Republic of China
Law of the People's Republic of China on the Administration of Tax Collection
Environmental Protection Law of the People's Republic of China
Law of the People's Republic of China on Evaluation of Environmental Effects
Law of the People's Republic of China on Promotion of Cleaner Production
Law of the People's Republic of China on Prevention and Control of Desertification
Marine Environment Protection Law of the People's Republic of China
Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution
Law of the People's Republic of China on Prevention and Control of Environmental Pollution by Solid Waste
Law of the People's Republic of China on Prevention and Control of Water Pollution
Law of the People's Republic of China on Prevention and Control of Environmental Noise Pollution
Law of the People's Republic of China on Prevention and Control of Radioactive Pollution
Frontier Health and Quarantine Law of the People's Republic of China
Labour Law of the People's Republic of China
Trade Union Law of the People's Republic of China
Searching Website for the Related Laws
1.Searching System of Laws and Regulations of China (website of National People's Congress of China)
http://law.npc.gov.cn:87/home/begin1.cbs
2. China Legislative Information Network System
http://www.chinalaw.gov.cn/jsp/jalor/index.jsp
3.Ministry of Commerce
http://www.mofcom.gov.cn
The above-mentioned websites are for reference only.
(ii) The Industries Encouraged, Restricted and Prohibited
1. The development and production of seed of grain, oil crop, vegetable and fruit,(excluding trans-genetic plant's seed) etc.( Chinese parties control stakes);
2. Breeding of meat chicken, live pig, calf, lamb, cow, deer, cash mere goat and further processing of the relevant products;
3. Development of follow-up industries concerning some state key ecological engineering projects, such as converting land for forestry and pasture;
4. Processing and comprehensive utilizing of oil shale, magnesium and zircon. (Chinese parties relatively control stakes);
5. Spinning and knitting of high quality cotton, wool, hemp, silk (tussah silk),and chemical fi ber; and garment processing;
6. Further processing of natural medicine, Chinese patent medicine, medicine material and the production of relevant derivatives.(excluding the production of vitamin C , penicillin material and other items that have been prohibited by the" Category of Instructions for Foreign invested Industries") ;
7. New-type dry processing cement clinker production with a daily output of more than 4,000 tons;
8. Production of methanol products from coal with large scale equipment and technology (above 600,000 tons/year);
9. Further processing of million tons ethylene and its down-stream products;
10. Production of meridian type;
11. Manufacture of metal package, automatic storage & retrieval system and logistic equipments;
12. Manufacture of auto components and parts;
13. Manufacture of marine diesel engine, auxiliary machine, component, and parts;
14. Development and manufacture of digital medical equipment and key parts;
15. Further processing of high precision bronze strip;
16. Manufacture of steel wire and extra fine steel wire and rope;
17. Medical on institution, with approval, foreign investors can control stakes;
18. Construction and operation of city centralized heat and gas supply system, and water supply and drainage pipe line network. With approval, foreign investors can control stakes;
19. Development and protection of tourist sites and the construction and operation of their ancillary facilities;
20. Projects concerning deep processing and alternative industries in resource exhausted cities. With approval, foreign investors can enjoy incentive policies.
Others
Opinions of the Central Committee of the Communist Party of China and the State Council of the People's Republic of China, on Implementation of the Strategy to Revitalize Northeast China and Other Old Industrial Bases.
Implementation Opinions of the General Office of the State Council of the People' s Republic of China, On Further Promoting the Expanding of Opening up to the Outside World of the Old Industrial Base in the Northeast Areas of China
Opinions of Six National Ministries including Ministry of Commerce, on Pre- Actively Using Foreign Direct Investment in a Reasonable and Effective Way and Implementation of the" Opinions on Implementation of the Strategy to Revitalize Northeast China and Other Old Industrial Bases."
Websites for Searching Relevant Laws
1. Searching system of NPC websites for China laws and regulations.
Website: http://law.npc.gov.cn:87/home/begin1.cbs
2. Full text searching system of China legislative information network
Website: http://www.chinalaw.gov.cn/jsp/jalor/index.jsp
3. Official website of Ministry of Commerce
Website: http://www.mofcom.gov.cn
4. Website of Liaoning Foreign Economic and Trade Office
(iii) Procedure for Establish-ment of Enterprises
Regulation on Employment
Foreign invested enterprises can, according to their needs of operation, recruit personnel by themselves. The personnel employed must be 16 years old or above. The personnel who conducts works that could be poisonous or harmful to human health, or do some especially exhausting laborious works, must be 18 years old or above. Foreigner who wants to work in China must have employment certificate and work permit certificate.
(iv) The Residence Environment
The administration policies with respect to the exit from and the entry into the country
For entry into China, foreigners shall apply for visas from Chinese diplomatic missions, consular offices or other resident agencies abroad authorized by the Ministry of Foreign Affairs. In specific situations foreigner may, in compliance with the provisions of the State Council, apply for visas to visa-granting offices at ports designated by the competent authorities of the Chinese Government. The entry of nationals from countries having visa agreements with the Chinese Government shall be handled in accordance with those agreements.
For exit from China, foreigners shall present their valid passports or other valid certificates. In order to facilitate residenters, the Liaoning province has taken the following measures:
1.Launch the trusted enterprise system in the exit and entry administration for the foreign-related enterprises. For the trusted enterprises, when they are handling various certificates and visas (endorsement), it is not necessary to meet the applicants personally, the liaison person of the enterprises can handle these matters in lieu of them, without submitting the copy of the business license and application report and the copy of their passports; if they are applying for the permit of residence or temporary residence and extension or the changes on the purposes of visa, besides the legal materials shall be submitted, only the signature on the application form and seal by legal person of the enterprise or its authorized personnel are needed for formalities.
2. For the three kinds of foreign invested enterprises or ventures, namely, the Sino-foreign joint ventures, cooperative businesses and exclusively foreign-owned enterprises in China that hare invested in Liaoning for over two years, the operation of which is in good condition or the investment of which is substantial and which has made remarkable contribution to the economy of Liaoning province, their management staff can be granted multi-entry visas that is effective for 2-4 years and the residence permit for foreigners for the corresponding period. For the Taiwanese businessman who has made investment of over 5 million US Dollars, the business person and his/her spouse and their children shall be granted the multi-entry visa and the temporary endorse valid for five years.
3. In the frontier organs of Shenyang and Dalian, the office of China-DPR Korea Region Exit and Entry Pass (Version A) shall be set up to facilitate the persons outside frontier area to come to Korea for trade.
Employment license
The employer shall apply for the employment permission if he/she intends to employ foreigners and may do so after obtaining the approval and" The People's Republic of China Employment License for Foreigners"(hereinafter referred to as the "Employment License").
The post to be filled by the foreigner recruited by the employer shall be the post of special need,a post that cannot be filled by any domestic candidates for the time being but violates no government regulations.
No employer shall employ foreigners to engage in commercialized entertaining performance,except for the persons qualified under Article 9(3)of this Rule.
Any foreigners seeking employment in China shall meet the following conditions:(i)18 years of age or older and in good health condition;( ii)with professional skills and job experience required for the work of intended employment;(iii)with no criminal record;(iv)a clearly-defined employer;(v)with valid passport or other international travel document in lieu of the passport(hereinafter referred to as the "Travel Document").
Foreigners seeking employment in China shall hold the Employment Visas for the entry(In case of agreement for mutual exemption of visas,the agreement shall be followed), and may work within Chinese territory only after they obtain the Employment Permit for Foreigner (hereinafter referred to as the" Employment Permit")and the foreigner residence certificate.
Foreigners without residence certificate (i.e. holders of F,L,C or G-types visas), and those who are under study or interim programs in China and the families of holders of Employment Visas shall not work in China.In special cases,employment may be allowed when the foreigner changes his status at the public security organs with the Employment License secured by his employer in accordance with the clearance procedures regulated in this Rule, then the foreigner changes his status at the public security organs with the Employment License and receives his Employment permit and residence certificate.
Employment License and Employment permit when they meet any of the following conditions:
(i) Foreign professional technical and managerial personnel employed directly by the Chinese government or those with senior technical titles or credentials of special skills recognized by their home or international technical authorities or international associations and foreigners holding Foreign Expert Certificate issued by China's Bureau of Foreign Expert Affairs;
(ii) Foreign workers with special skills who work in offshore petroleum operations without the need to go ashore for employment and hold" Work Permit for Foreign Personnel Engaged in the Offshore Petroleum Operations in the People's Republic of China".
Foreigners may be exempted from the Employment License and may apply directly for the Employment Permit by presenting their Employment Visas and relevant papers after their entry when they meet any of the following conditions:
(i) Foreigners employed in China under agreements or accords entered into by the Chinese government with foreign governments or international organizations for the implementation of Sino-foreign projects of cooperation and exchange;
(ii) Chief representatives and representatives of the permanent offices of foreign enterprises in China.
The Flow Chart for Foreigners to Apply for Employment License in Liaoning, China
Residence permit
The application for permanent residence by foreigners
(i) Having direct investment in China, stable investment in China for three years in a row, and having a sound taxation record.
1. Having made investment of over USD 500,000 in industries of encouraged type as specified in the Catalogue of Industries of Foreign Investment released by the State;
2. Having made total investment of over USD 500,000 in counties in the western part of the country or in counties that are major targets of poverty relief work undertaken by the State;
3. Having total investment of over USD 1 million in the central part of the country;
4. Having total investment of over USD 2 million in China.
(ii) Having assumed in China the posts of deputy general manager or deputy director of plants or higher level posts or posts of associate professors or associate research fellows and similar posts for more than four years in a row, and the period of stay in accumulation being no shorter than three years in China and having sound taxation record.
1. Institutions subordinate to the various ministries under the State Council or to the provincial level people's governments;
2. Key higher learning schools.
3. Enterprises or institutions executing key engineering projects or major scientific projects of the State;
4. High-tech enterprises, foreign invested enterprises in encouraged type, foreign-invested advanced technology enterprises or foreign-invested export oriented enterprises.
(iii) Having major and outstanding contributions to China or needed urgently by China.
(iv) Spouses and unmarried children aged less than 18 years old of personnel mentioned in items 1 to 3 of this article.
(v) Spouses of Chinese citizens or of foreigners having obtained permanent residence in China, whose marriage has lasted for five years, and who have lived in China for five years in a row, the annual stay in China being no shorter than nine months, and who have stable and secured living status and place to live.
(vi) Unmarried children aged less than 18 years old who come to China to live with their parents.
(vii) Persons having no direct relatives abroad entering China to live with direct relatives in China, who are over 60 years old, have lived in China for five years in a row, whose annual stay in China being no shorter than nine months and have stable and secured living status and places to live. Time period of year mentioned in this article refers to the continuous period of time prior to the day of application.
Persons mentioned in item 2 of paragraph 1 of article 6 in this set of regulations, at the time of application, should also submit the following materials:
(i) Proof of post or title of the persons issued by the units where they work;
(ii) Certificates of foreign experts or certificates of employment of foreigners;
(iii) Registration certificate, annual inspection proof and personal tax payment proof of the units where they work; if the units are foreign-invested enterprises, the certificate of approval of foreign-invested enterprises and proof of combined annual inspection should also be provided;
(iv) Persons of enterprises or institutions executing major engineering projects or scientific projects of the State should provide testifying documents for the projects issued by the competent authorities of the provincial level people's governments or ministries; persons working for high-tech enterprises should provide certificates of high-tech enterprises; persons working for encouraged type foreign-funded enterprises, foreign-invested advanced technology enterprises or foreign-invested export oriented enterprises should provide letter of confirmation of the encouraged type foreign invested projects, or letter of confirmation of foreign-invested advanced technology enterprises or letter of confirmation of foreign-invested export-oriented enterprises.
The required materials for the application of permanent residence
Fill in the Application Form of Foreigners for Permanent Residence in China;
Valid foreign passports or identification capable of substituting passports;
Certificate of health issued by sanitation and inspection and quarantine agencies appointed by the Chinese government or issued by foreign sanitation and medical agencies accredited by Chinese embassies or consulate offices;
Proof of no criminal record abroad recognized by Chinese embassies or consulate offices;
Four latest two-inch front hat-free color photos.
The Flow Chart for Handling the Residence Permit
1. The main legal basis for above measures:" Law of the People's Republic of China on the Control of the Exit and Entry of Citizens" and the rules for its implementation;" Law of the People's Republic of China on Control of the Entry and Exit of Aliens" and the rules governing its implementation;" the Interim Measures for the Control of Chinese Citizens Traveling on Private Business To or From the Regions of Hong Kong or Macao";and the" Measures for the Control of Chinese Citizens Traveling to or From the Region of Taiwan".
2. If the application materials are incomplete, the applicant should be informed all at once at the spot or within five days.
Urban Living Environment
The urbanization rate in Liaoning Province is up to 56 percent, a flourishing urban circle composed of Shenyang and the seven cities surround it. A city cluster of Liaotung Peninsula has been formed with Dalian, an important trading port city of Northeast Asia, at its core. The intensive layout of cities and towns in Liaoning provides a wide space for the development of modern circulation service sector. Liaoning promises more remarkable advantages than the neighboring provinces in level, structure and trend of consumption.
Education
Reputed as an education giant, Liaoning has boasted a rational mix by interlinking higher education, fundamental education, vocational education and adult education, intercommunicating pre-service education and in-service education, as well as by giving equal priority to diploma education and non-diploma education. At present, there are 412,000 students and 105,000 graduates involved in secondary vocational education in Liaoning Province. In addition, there are more than 10,000 regular primary schools around the province with 100 percent coverage of compulsory education.
Medical and Public Health
A complete public health system has been formed in Liaoning Province, among which there are 13,000 professional health institutions at all levels, 159,000 sickbeds in health centers, 129 centers of disease control and prevention (quarantine stations) and 32 institutions of sanitary supervision and detection. Besides, the coverage of village medical centers is up to 97.8 percent in the whole province.
Driver's License
Flow Chart of Getting an Automobile Driver's License
Flow Chart of Exchange of Foreign Automobile Driver's License for Driver's License of the People's Republic of China
(v) Reference Prices of Basic Elements
Under the Regulation on Pollutant Charge Levy and Use made by the State Council (the State Council decree No. 369), we formulated the Administrative Method on Pollutant Charge Levy Standards. Please browse the website of Liaoning Environmental Protection Bureau (www. lnepb.gov.cn) to find more information about levy standards.
Standard Land Price List of Cities
Note:
1. The above land value is defined as follows: within the town planning area, for land at different level and with different quality under the current utilization condition, respectively evaluate the average price of the area, which has the highest legal duration of land-use right, on a determined assessment date according to commercial, residential and industrial purposes. When a specific lot is transferred, it is necessary to evaluate its land value for determination of the base price.
2. The above land value includes: Commercial land: 40 years, six accesses and site leveling Residential land: 70 years, seven accesses and site leveling Industrial land: 50 years, five accesses and site leveling
3. Industrial lands should be transferred in an agreement way, but the granting fees should be no less than the Lowest Standard of Agreement Granting price for the State-owned Land-use Right of Liaoning Province.
4. Commercial and residential lands should be transferred in the ways of bid tendering, auction and hanging out a shingle.
Doing Business in Liaoning Province of China:I.Survey
Doing Business in Liaoning Province of China:II Economy
Doing Business in Liaoning Province of China:IV.Development Zones
