Trade Resources Policy & Opinion Foreign Trade Law of The People's Republic of China

Foreign Trade Law of The People's Republic of China

(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

Labor 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) Catalogue of Encouraged Foreign Investment Industries of Tianjin

1. Electronic information industry: wireless communication, new type of components and devices, computer peripheral equipment, software, IC, digital audio-video devices, optical communication products and auto electronics.

2. Automobile industry: environmental-friendly economic car, medium and high-grade car, light car, parlor car, car engine and automobile parts.

3. Chemical industry: petrochemical industry, ocean chemical industry, C1 chemical industry, comprehensive energy utilization and recycle industry; plastics, fiber, rubber and fine chemical products; and color-alkali chemical products.

4. Metallurgical industry: Top quality steel products and high-grade metal products.

5. Biochemical technology and modern pharmaceutical industry: modern Chinese traditional medicine, pharmaceutical chemicals and bioengineering pharmaceuticals.

6. New energy and environmental protection industry: low power and dynamic lithium ion cell, Ni-MH and fuel cell, battery materials; OPTO-mechatronics battery equipment; sewage water treatment, recycle, regeneration and utilization equipment; atmospheric pollution disposal technologies and complete equipment; new environmental protection materials, waste disposal facilities and resource utilization equipment.

7. Equipment manufacturing industry, shipbuilding and airport equipment manufacturing.

8. High and new technology industry.

9. Textile products, garment, light industrial and consumer products, modern foods, home appliances, bicycles, card-making and anti-fake printing, and precision instrument.

10. Modern service industries: international trade, modern logistics, tourism, regional financial services, information and technology services, trade, intermediary services, cultural services, community services and real estate.

(iii) Procedures for Enterprise Establishment

Basic procedures

Doing Business in Tianjin Municipality of China: Investment

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Procedures for Multinational Corporations (MNCs) to Establish Regional Headquarters in Tianjin

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1. All MNCs meeting the following criteria are permitted to establish regional headquarters in Tianjin:

(1) Companies that have total assets of no less than US$400 million and have already established a foreign-invested enterprise (or foreign-invested enterprises) in China and paid a registered capital of no less than US$10 million; or with a good credit, established more than 5 foreign-invested

enterprises in China with a paid-in registered capital of no less than US$ 50 million.

(2) Companies that have already established a solely foreign invested investment company or a solely foreign invested management service limited company with a registered capital of no less than US$2 million, and are applying for making the investment company or management service limited company their regional headquarters.

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2. To establish regional headquarters in Tianjin, MNCs shall make applications to Tianjin Municipal Commission of Commerce and submit the following documents:

(1) Application for Establishing Regional Headquarters signed by the legal representative of the investment company or management service limited company, which is authorized by the MNC to be the regional headquarters;

(2) Authorization document signed by the legal representative of the MNC regarding the establishment of the regional headquarters and the functions thereof;

(3) Credit standing certificate, registration documents (copies) of the MNC and legal representative certificate (copy);

(4) Approval certificate and business license (copies) of the foreign-invested enterprise(s) of the MNC;

(5) Authorization letter signed by the legal representative of the MNC and granted to the proposed legal representative of the proposed regional headquarters; curriculum vitae and corresponding identification documents of the proposed legal representative;

(6) Other documents as required by laws and regulations;

Unless stipulated otherwise, all the above documents shall be provided in their originals.

Tianjin Municipal Commission of Commerce shall decide within 30 days upon the reception of the complete application documents whether to approve or not the application. A letter of approval shall be issued if the Commission approves.

(iv) Residential Environment

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Living Environment

Tianjin is a city both old and young with great convergence and strong affinity from the historical and modern point of views. In 2005, Tianjin made great success in establishing the national exemplary city of environmental protection with a green coverage rate of 36.4%, 8.4 square meters per capita public green land in urban areas and the percentage of days in which the air quality is good of 81.6%. The rates of water quality up to standard are both 100 percent for drinking water sources and urban water function zones.

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Medical Service

In Tianjin, there are 2,489 various medical and public health organizations, including 461 hospitals and health centers, 42,000 sickbeds and 61,300 medical staff. Meanwhile, there is a complete public health system, covering disease prevention and cure centers and 120 emergency centers. It holds a leading position in many medical fields such as cardiovascular and cerebrovascular diseases, liver transplant, metabolic diseases, gynecology and obstetrics, skin diseases, stomatology, eye, ear, nose and throat, and prevention and cure of epidemic diseases.

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Culture and Sports

A public cultural service system has come into being on the whole to adapt to a modern metropolis. In Tianjin, there are 19 cultural centers and science and technology museums, 18 various museums, and 32 public libraries. Its per capita space and quality of cultural facilities in urban area are both listed in the top in China. There are programs in English in both radio and TV broadcasting. Large-scale international sports games are often held in Tianjin.

Work and Residence Permit

In accordance with the Law of the People's Republic of China on Control of the Entry and Exit of Aliens and its Rules for Implementation, visas shall be marked with different Chinese phonetic letters and issued to different aliens according to their stated purposes of visit to China, i.e. (L) indicating tourist visa, (F) indicating visitor visa, (G) indicating transit visa, (C) indicating crew visa, (D) indicating settlement visa, (Z) indicating employment visa, (X) indicating student visa, (J-1) indicating resident foreign correspondents in China, and (J-2) indicating foreign correspondents who make short trip to China on reporting tasks.

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Those aliens who hold visas marked by (D), (Z), (X) and (J-1) and stay in China for a period of 6 months to 1 year shall apply for Aliens' Temporary Residence Cards, and those who stay in China for 1 year or more shall apply for Aliens' Residence Cards. When applying for a residence card, a person shall submit for examination his or her passport and visa, as well as papers supporting the application for residence. Whoever applies for Aliens' Residence Cards shall also submit for examination his or her health certificate and two recently-taken 2-inch half-length, bareheaded, full-faced photos.

As for the citizens from those countries that have signed visa-exemption agreement with Chinese government, if they stay in China for no more than 30 days, they may be exempted from Aliens' Residence Cards, and if they stay in China for 30 days or more, they shall apply for Aliens' Temporary Residence Cards or Aliens' Residence Cards to the Administration Division of Entry and Exit.

Driving License

Following are the specific procedures for aliens holding driving license of foreign countries, Hong Kong or Taiwan Province or international driving license to change for Chinese Driving License:

1. Complete an Application Form for Driving License; 2. Submit for examination the residence card (as to applying for Driving License, the residence period shall be 1 year or more, and as to applying for Temporary Driving License, the residence period shall be between 3 months and 1 year); 3. Submit for examination the original copy, duplicate copy and translated copy in Chinese of the foreign Driving License; 4. Submit for examination the passport; 5. Vehicles Administration Office will issue Driving License to those conforming to stipulations and passing examinations; 6.

The report form for passing the examination (as to those having a practical driving experience of no more than 3 years, on-road driving test is required) is required; 7. One 1-inch chromatic bareheaded photo is required.

(v) Reference Prices of Basic Elements

Charge for Water Supply

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List of Electricity Prices of Tianjin Electricity Network

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Gas Price for Commercial and Industry Use

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Standard Land Price in Central Tianjin

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Thermal Supply for Commercial and Industrial Use

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Standard of Land Use Price for Foreign-Invested Enterprises in Tianjin

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Rates for the Basic Pension, Medical and Unemployment Insurance of Employees

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Other Expenses

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