(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
1. Venture prospecting and exploitation of petroleum, natural gas (only for cooperation)
2. Exploitation of oil and gas deposits (fields) with low osmosis (only for cooperation)
3. Development and application of new technologies that can increase the recovery factor of crude oil (only for cooperation)
4. Development and application of new technologies for exploitation of petroleum, such as geophysical prospecting, well drilling, well-logging and downhole operation, etc.
5. Manufacture of complete automobiles, motorbikes with proportion of foreign capital less than 50%
6. Scheduled and nonscheduled business of international maritime transport with the proportion of foreign capital less than 49%
7. In respect of international multi-modal transport of container with proportion of foreign capital less than 50% and in which the equity is allowed to be controlled by the foreign investors not later than December 11th, 2002 and the foreign investors could exclusively fund a company no later than December 11th, 2005.
8. As regarding highway transportation company of goods in which the equity is allowed to be controlled by the foreign investors not later than December 11th, 2002 and the foreign investors can exclusively fund a company no later than December 11th, 2004.
9. In aspect of wholesale, retail as well as distribution of ordinary commodities (Limited conditions referring to Limitation v)
10. In respect of accounting and audition (only for cooperation and partnership)
Management on Finance and Foreign Exchange
To execute in accordance with Foreign Exchange Management Regulations of People’s Republic of China, announced in the Decree 193 by the State Council of People’s Republic of China in January 29th, 1996 complying with the revision that the State Council decided to revise Foreign Exchange Management Regulations of People’s Republic of China in January 14th, 1997 as well as Interim Measures on Foreign Exchange Registration of the Foreign investment Enterprise, issued by the State Administration of Foreign Exchange in June 28th, 1996, with reference to the following policies and regulations:
1. Notice on current accounts of administration of foreign exchange account under adjustment on international projects
2. Administration of management in external debt of foreign bank in China
3. Notice on foreign exchange collection and payment of export credit insurance business by the State Administration of Foreign Exchange
4. Administration on foreign financial institutions investing and forming equity in domestic financial institutions
5. Notice on further deepening the reform of management in foreign exchange of foreign investment issued by the State Administration of Foreign Exchange
6. Notice on further deepening the system of examining fund in foreign invested enterprise as well as perfecting foreign investment and foreign exchange registration system issued by the State Administration of Foreign Exchange
7. Notice on adjustment writing off export receipt and administration of foreign exchange account issued by the State Administration of Foreign Exchange
8. Notice on loan business of trustee account of export tax rebates checked by the People’s Bank of China, Ministry of Foreign Trade and Economic Cooperation and the State Administration of Taxation
9. Implementation on developing new method in managing fund for middle and small sized enterprise in international market issued by Ministry of Foreign Trade and Economic Cooperation and Ministry of Finance
10. Additional notice on administration of strengthening technology and introducing contract as well as sales, collection and payment issued by Ministry of Foreign Trade and Economic Cooperation and the State Administration of Foreign Exchange
11. Notice on administration, which is in trial implementation, of middle and small sized enterprise in international market issued by Ministry of Finance and Ministry of Foreign Trade and Economic Cooperation
(iii)Any foreign-invested enterprise has to go through the following three procedures:
The general conditions
1. the general conditions for the foreign investor to an enterprise, as follows:
(1) the name of the foreign party in accordance with the regulations;
(2) the contract and chapter authorized by the examining and approving authorities;
(3) fixed place of business, indispensable facilities and staff numbers ;
(4) registered funds complying with Chinese regulations;
(5) business scope in accordance with the Chinese laws and regulations as well as policies;
(6) sound accounting system, being capable of independent accounting and compiling fund balance sheet and balance sheet.
2. the general conditions the foreign investment enterprise to set up a branch office as follows:
(1) the name of the branch office in accordance with the regulations;
(2) fixed place of business and facilities;
(3) relevant original administrative institutions and offices;
(4) fund and staff numbers needed for business activities ;
(5) business scope in accordance with the Chinese regulations;
(6) relevant financial accounting system (non-independent accounting ).
3. the general conditions the foreign investment enterprise to set up a bureau:
(1) the name of the branch office in accordance with the regulations;
(2) fixed bureau and offices;
(3) the foreign investment enterprise not being allowed to be engaged in business activities.
Procedures
How to Set up Business Agencies in Zhejiang
Procedures for Setting Up Foreign-invested Enterprises
Laws
Labor Law of the People’s Republic of China
PRC Law on the Management Method of land
The Law of the People s Republic of China for Countering Unfair Competition
Arbitration Law of the People’s Republic of China
Arbitration Rules of China International Economic and Trade Arbitration Committee
Contract Law of the People s Republic of China
Law of the People s Republic of China on Partnership Enterprises
The Company Law of the People’s Republic of China
Company Registration Management of the People's Republic of China
(iv)Residential Environment
Ecological Environment
Since the reform and opening up, the environmental protection in Zhejiang Province has achieved sustainable progress, people’s understanding of environment and environmental problems has improved greatly, the mechanism of coordinated development between economy, population, resources and environment has initially came into being. The environmental quality of Zhejiang is quite good on the whole, City air is quite clean with its quality basically met the National Standard Class Ⅱ. According to the key province-control sections of surface water , about 82.6% has reached the ClassⅠ,Ⅱ,Ⅲ Standard of Surface Water Environmental Quality Standard.
Education
Being the places of celebrities, Zhejiang has the tradition of passing down the knowledge generation after generation, attaching great importance to education. Officials of Provincial Committee and Provincial People’s Government has decided that the top priority should be given to education with a strategic position. After many years’ arduous struggle, a complete educational system including basic education, vocational education, higher education as well as adult education has been established in Zhejiang Province. In a word, both the education and the development has achieved great progress.
Health and Medical Care
In 2005, there were 12,549 health Institutions in Zhejiang, among which 2,896 were hospitals, 88 were maternal and child health care hospitals, 27 were specialized disease prevention and treatment institutions, where the number of beds in hospitals amounted to 131,000 and skilled health care staff added up to 198,000, including 87,700 licensed doctors and assistant doctors, 60,300 registered nurses as well. Within the province, there were 97 centers for disease control and prevention, where there were 3,800 skilled health care staff, 105 healthcare supervision and inspection institutions, where there existed 2,300 skilled health care staff and 2,162 township hospitals.
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Doing Business in Zhejiang Province of China: Development Zones
