Trade Resources Policy & Opinion Policy and Administrative Rules

Policy and Administrative Rules

(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)Guidance for Foreign Investment

1.Education.

primary education, vocational and technical education, higher education, and adult education.

2. Infrastructure.

Water conservancy: major water conservancy projects, water resources projects in the water scarcity area, drinking water and water changing projects, water and soil conservation technology and equipment construction.

Traffic and communication: the operation and construction of local highway, independent bridge, tunnel, railway ,civil airport and its equipment, all kinds of communication net, web(only for Chinese investment).

Energy: the construction, operation of hydro-power generator, new-energy generator(including solar, terrestrial heat, wind) and its synthesized use; the construction and alteration of the power network; and the development and use biological energy.

Commonality establishment for city and towns: construction and operation of the equipments of drainage, water, heat and gas supply; forestations project; construction of roadway, port, small town, and the infrastructure of market.

3. Agriculture.

Characteristic plateau agriculture, water-saving agriculture, high-yield crop breed and new-technology development, alteration of low and medium yield field, construction of commercial grain and oil base, livestock basement, fowl and aquatic food product breeding, grassland construction, extending and service of agriculture technology, processing multiplication of farming or livestock product, industrialization of agriculture.

4. Pillar Cornerstone Industry.

Tourism: exploitation and use of tourism recourses, exploitation of tourism line and resort, construction and operation of hotels, operation of cultural, racial, special, and professional tourism.

Tibetan Medicine: improvement, reformation and large-scale production of the traditional Tibetan Medicine, the research, development, production, and operation of new-type medicine, planting, breeding and running of medicinal materials.

Forestry: deep processing of forestry products, development and use of resources in the woods, introduction of good breed of trees, plantation of fast-growing and high-yield trees, shelterbelts project, controlling plant diseases and insect pests, resume of woods resources project, controlling desertification

Mining: geological prospecting, exploitation and processing of mining resources. Livestock product processing and national handicrafts production (including tourism souvenir).

Building materials: development and production of new type of building materials (including wall materials, decoration and finishing materials, water materials, and warm-keeping materials).

5. High-tech industries and new industries.

Micro-electronics technology, new materials, bio-engineering technology, development of software, information and communication system net technology, energy preservation technology, regeneration and comprehensive utilization technology of resource, pollution-control engineering, pollution supervision and control technology.

6. Agency service and technology, such as information consultation, accounting, asset evaluation, auditing, etc.

7. Environmental protection and construction industry.

8. Establishing poverty alleviation projects and entity.

9. Development and utilization of resources such as waste land, mountain, slope, beach, water, etc.

10. Development of real estate and property management, urban card-castle transformation, economic and suitable housing, commodity housing and property management.

11. Social welfare work such as social welfare homes, welfare homes for children, houses of respect for the aged, social welfare enterprises, and sanitation work. Purchasing, combining with, alteration, trusteeship and rent the state-owned enterprises in Tibet.

13. Construction of border port infrastructure, setting up export-commodity product base or corporation.

14. All types of welfare work for disabled people, poverty alleviation projects and entity.

15. Comprehensive utilization of resource and environment protection, treatment and comprehensive utilization of three types of wastes, energy-saving and environmental protection.

(iii)Procedures for Setting up Enterprises

Doing Business in TAR of China: Investment

(iv) Materials and Procedures for Establishing Investment Enterprise

1. Sino-foreign Equity Joint Venture a n d Sino-foreign Cooperative Joint Venture (Examined and Approved by TAR commerce Department)

(1) Notice of the pre-check of the company's name.

(2) the application signed by the authorized representatives of the company.

(3) Attestation of land use (including the contract of house rent and monument of title).

(4) Contract and constitution of the joint venture signed by both parties, as well as the feasibility report of the project.

(5) Status report of the investors.

(6) Business certificate and enrollment attestation of the joint venture among which the enrollment attestation or ID certificate of the foreign cooperative investor must be notarized by the notary office in his/her own country and authenticated by Chinese Embassy (Consulate) in the country that the foreign cooperative investors comes from. Notarization document approved by the notary office is required for the certification of the qualifications and ID of the cooperative investor from Hong Kong, Macau and Taiwan.

(7) Trust Deed of Authorization for Delivering Legal Documents signed between the foreign investor and the person who accepted the documents from China.

(8) Name list of the members of the board and their post documents, as well as the ID of the authorized representatives and their resumes.

(9) Copies of ID cards of the authorized representatives of the Chinese party.

(10)Copy of business license and the ID card of the representatives of the Chinese party.

(11) If the investment involves in the special industry administration (including tourism, commercial wholesale, retail, medical care, transportation, education, culture , and mining), the pre - check documents from the related administration department should be submitted.

(12)After receiving the appropriate application and relevant documents, the commercial department should approve it within 10 working-days. And the investors need to get the approval certification from the commercial department within 30 working days.

(13)After getting all the registrations, the registration certificate and the relevant documents should be put on records in the Commercial Department.

2. Wholly Foreign-funded Enterprise(Examined and Approved by TAR Commerce Department )

(1) Pre-approval notice of enterprise name.

(2) Letter of application for establishment of foreign investment enterprise signed by legal representative.

(3)Site Location using certificate (including property certificate and houseleasing contract).

(4) Articles of enterprise and feasibility study report of projects.

(5) Credit certificate of investors.

(6) Valid qualification certificate or ID certificate (notarized by the notary office of investor's country and authenticated by the local Chinese Embassy(consulate);investors from Hong Kong, Macao and Taiwan are required to submit notarization document approved by local notary office).

(7) Trust Deed of Authorization for Delivery Legal Documents signed by investors (authorizer) and domestic document accepter Investors(authorize) (The Trust Deed , with the address and contact means of the authorize contained, shall definitely authorize the authorize to accept the legal document, who may be the branch established or to be established by investor ,other domestic relevant organizations or individuals) .

(8) Name list and appointment document of board of directors; ID certificate and resume of legal representative.

(9) For projects in the category of Special Industry Management (tourism, commercial wholesale and retail, medical care, transportation, education, culture, mining, etc.), examination and approval

documents issued in advance by industry management department are required.

(10) TAR Commerce Department makes the examination and notification within 10 working days upon the reception of qualified application and relevant materials. Investor receives the approval

certificate from Commerce Department within 30 working days upon the reception of notification.

(11) After finishing the registration procedures of other relevant departments, investor submits registration certificate and relevant documents with their copies for the record. [For all the foreign-funded enterprises, i.e. Sino-foreign joint ventures; cooperative ventures and solely foreign-funded enterprises, examination and approval documents issued in advance by Tibet Military Command and Tibet Public Security, are required to submit.]

(v)Residential Environment

Procedure for Residents to Apply for Entry-Exit Certificate

Doing Business in TAR of China: Investment_1

Procedure for Examining Application for Entry-Exit Certificate

Doing Business in TAR of China: Investment_2

Entry-Exit Administrative Laws

Law of the People's Republic of China on Control of the Entry and Exit of Aliens

Rules for the Implementation of 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 Control of the Entry and Exit of Citizens

Rules for the Implementation of Law of the People's Republic of China on Control of the Entry and Exit of Citizens

Interim Measures for the Control of Chinese Citizens Traveling on Private Business to or from the Regions of Hong Kong or Macao

Measures for the Control of Chinese Citizens Traveling to or from the Region of Taiwan

Passport Law of the People's Republic of China (Implementation Date: January 1, 2007)

City Living Conditions

With the economic and social development of TAR in recent years, its major cities, represented by Lhasa, have been undergoing significant changes. Complete electricity supply systems as well as water supply and sewerage systems have been built up in the cities, where there are not only famous scenic spots with distinct features such as Potala Palace, but also convenient transportation and developed communication. With prosperous commerce, abundant goods and steady price, Tibet is characterized by its low pollution, high water-quality, fresh air and splendid sunshine. The construction of residential district is well on its way to standardization. Residents are enjoying a good living environment with stable social order.

Medical Service

Doing Business in TAR of China: Investment_3

TAR has 1,292 medical institutions with 6,767 patient beds and 8,913 medical personals. A complete public health system consisting of emergency centers and disease prevention and control centers has been formed.

Driving License

According to Law of the People's Republic of China on Road Traffic Safety, Regulations for Vehicles Driving License Application and Use and other related laws and regulations, the traffic administrative department of the public security organ releases vehicle driving license to foreigners working in embassies and consulates to China according to diplomatic principle of reciprocity. Persons holding overseas vehicle driving licenses who apply for vehicle driving license in the place of residence, should fill in Vehicle Driving License Application Form and submit the following certificate: (1) applicant's ID certificate; (2) physical condition certificate issued by a medical institution at county level or above; (3) vehicle driving license held. In case that the certificates are not written in Chinese, it is necessary to submit Chinese translation. The Vehicle Administration Office should handle with qualified application and arrange tests within 30 working days after making appointment.

Applicant holding overseas vehicle driving license should take the test of subject 1,and subject 3 if applying for above License C.

(vi) Reference Prices of Basic Elements

Prices of Water and Electricity in Lhasa City

Doing Business in TAR of China: Investment_4

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Related Articles:

Doing Business in TAR of China: Survey

Doing Business in TAR of China: Economy

Doing Business in TAR of China: Development Zones

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Doing Business in TAR of China: Investment
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