Trade Resources Culture & Life To Invest in Forms of Business in Line with Laws and Regulations

To Invest in Forms of Business in Line with Laws and Regulations

(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.

Catalogue of Relevant Policies and Regulations in Guizhou Province

1. Decisions by the People's Government of Guizhou Province on Further Carrying out Opening and Driving Strategy as well as Taking Tangible Measures to Attract Overseas Investment

2. Several Regulations by the People's Government of Guizhou Province on Further Polishing the Works of Attracting Overseas Investment

3. Notification by the People's Government of Guizhou Province on Polishing the Works of Attracting Overseas Investment for Key Projects

4. Notification by the People's Government of Guizhou Province on Implementing State Council's Decisions on Expanding Authorities of Provinces, Autonomous Regions, Cities Specifically Designated in the State Plan and Departments of State Council to Examine and Approve Project of FDI

5. Regulations on Protecting Rights and Benefits of Foreign Investors in Guizhou Province

6. Opinions of People's Government of Guizhou Province on Implementing Several Policies and Measures Related to China's Western Development Program For more information please visit: Information Website of Attracting Overseas

(ii)Catalogue for Advantageous Industries in Guizhou Province

1. The development of subsequent industries of the national major ecological projects such as returning land for farming to forestry and grassland, natural forest protection, etc.

2. Developing and applying of water-saving irrigation technology

3. Development of coal processing technology and coal production

4. Deep processing of potato and konjac, etc.

5. Characteristic edible resource development

6. Abrasive tool production

7. Titanium smelting

8. Barium salt production (Chinese party proprietary)

9. Deep processing of ramee products

10.Development and production of animals and plants medicinal materials(except those in the catalogue for the national protected resources)

11. Phosphorus chemical production

12. Urban gas supply, heating supply, water supply and drainage system (Chinese party proprietary in large and middle city)

13. Development of tourist spots and the supporting facilities construction, protection and management

14.Highway passenger transport

Regulations and Measures on Environmental Protection

In accordance with "Environmental Protection Law of the People's Republic of China", it's planned to stipulate "Environmental Protection Regulations of Guizhou Province".

Rules of Import and Export

Guizhou Province implements the active opening up policies, and adopting promotion policies excluding commodities with import and export restricted by the State.

Foreign Exchange Management

Enterprises that involved in foreign exchange affairs abide by the Regulations on Foreign Exchange Management of the People`s Republic of China. There are 36 banks in Guizhou Province equipped with foreign exchange management system, which is very convenient for customers.

(iii)Procedures of Establishing Foreign-invsted Enterprise

Ways of Investment

Foreign companies, enterprises and economic organizations and individuals, as well as those in HongKong, Macao and Taiwan are all welcome to invest in Guizhou Province by choosing any ways of the

following:

-To start Sino-foreign joint ventures, cooperative enterprises, exclusively foreignowned in enterprises, and foreign-invested limited company (Ltd.);

-To transfer the useful advanced technologies;

-To operate enterprises by contracting lease operation enterprise or to explore mineral resources;

-To develop barren mountain and hill, and to develop the aquatic resources;

-To acquire the right to use land to develop real estate and tourism items according to the law & regulations;

-To participate in the reorganization of state-owned enterprises by buying, merging and stocking;

-BOT, TOT form;

-To invest in other forms of business in line with laws and regulations.

Means of Contribution

-Free convertible currency;

-The evaluated machinery, equipment, raw material and other goods and materials;

-The evaluated right of industrial property, technique for special use or right of other properties that are needed in production.

Procedures of Examination and Approval for Foreign-invested Projects

1.Comiling Project Proposal.

The project application report provided by enterprises of joint venture, cooperative, exclusive foreign investment, merger and acguisition as well as increased capital shall be approved by Development and Reform Committee of Guzhou Province; those enterprises shall be in accord with encouraged and permitted catalgue in the nation's Catalogue for Foreign Investment Industry with no government investment, no imported raw material and exported commodity with quota and license involved; the total investment of those enterprises is less than USD 100 million.

(2)Apply for Establishing Foreign-invested Enterprises.

With examination and approval of project application by the Development and Reform Committee of Guizhou Province, the applicants are required to present all the concerned document including contract and regulation signed by all the parties to the local department of commerce to be examined and approved.

(3)Registration of Related Registration Procedures.

The person in charge of the foreign enterprise need to have his businesses registered by presenting the approved documents, certificates and other relative documents to the industry & commerce administration of this province, then go through registration formalities at Guiyang Customs house, foreign exchange management bureau of Guizhou province and taxation administration.

Regulations on Employment

According to Labor Law of the People1's Republic of China, Regulations on Labor Management in Enterprises Involving Overseas Investment and other related regulations, enterprises with foreign investment have the right to decide on the arrangement of the departments and working staff and to recruite new employees in gear to the need of production and management.

(vi)Residence Environment

Regulations on Leaving and Entering Guizhou Province

Following the Management Methods of Leaving and Entering the People's Republic of China.

Work and Residence Permit

Documents needed for visa application: (1)Valid passport and its copy; (2)Reason for visa application; (3)Fill out the visa and residence permission application form and submit a 2-inch recent photo without hat.

Documents needed for residence permission:(1)Submit a valid passport and its copy; (2)Submit relevant evidentiary materials; (3)Fill out visa and residence application form; (4)Submit 2 2-inch recent photo without hat; (5)Medical certificate; (6)Employment permission certificate or expert certificate; (7)Overseas student shall submit evidentiary material issued by the school.

City Living Conditions

The protection and construction of provincial environment has been continued, and city habitation has been improved obviously. The forest coverage rate in the province is 34.9%, and Guiyang, the provincial capital city, is entitled "the City of Forest". Of all 9 central cities under supervision, water quality of source place satisfied the national standard. Air quality of cities is becoming better, and 58.3% of cities reaching the second level standard. The control of noise pollution is effective, and regional sound environment is perfect. The quality of radiance environment is stable, maintaining the natural up-and-down scope of the background value. The average temperature of the coldest month (January) is from 3℃ to 6℃, and of the hottest month (July) is from 22℃ to 25℃. The capital city —Guiyang and the historical famous city— Zunyi are key cities of state level, other central cities are also suitable for residence.

Doing Business in Guizhou Province of China:III.Investment

Education and Public Health

Complete education system have been established in the province including basic education, professional education and special education. There are 6,571 medical institutions with 92,121 staffs. 84.46% of them are 77,805 technical staffs.

(v)Reference Prices of Basic Elements

Table of Land Price in Major Cities of Guizhou Province

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Electricity Price in Guizhou Province

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Electricity Price in Guizhou Province(without urban public utility surcharge)

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Prices of Tap Water of the Main Cities in Guizhou Province

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Doing Business in Guizhou Province of ChinaI.Survey

Doing Business in Guizhou Province of ChinaII.Economy

Doing Business in Guizhou Province of China:IV.Development Zones

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Doing Business in Guizhou Province of China:III.Investment
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