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Regulations of Shanghai Municipality on Discussion
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:7773

 

(3)  Where  a  manufacturing  project  exceeds the scope outlined
above, the project  proposal,  the feasibility study report and the
initialled contract and  draft  articles of association, after being
examined and commented upon by the MCFERT, the MPC and other relevant
departments in writing, shall all be submitted to the Ministry of
Foreign Economic Relations and Trade for approval and issuance of a
certificate of approval, and at the same time to the State Planning
Commission and other relevant ministries and commissions of the State
Council.
 (4)  Non-manufacturing  type  projects  with a total investment of
more than $US5  million  which  do not require State assistance to
achieve an overall balance will all be handled in accordance with the
procedures for approval stipulated in para. (2) of this Article.
 @@  Article  5.  Where  a  project is subject to examination and
approval by the  MCFERT  or  the  Ministry  of  Foreign Economic
Relations and Trade and requires the issuing of a certificate of
approval, the bureau in charge shall submit the following official
documents:
(1) A letter of application for the establishment of a joint venture,
with a certificate of legal status of all parties to the joint venture
attached;
(2) The approved project proposal of the joint venture;
 (3)  The feasibility study report jointly prepared by all parties
to the joint  venture, with a letter of certification by the various
relevant units attached;
 (4)  The  contract  and  the articles of association signed
by the representatives authorised by each party to the joint venture;
 (5)  A  list  of persons who have been selected as Board Directors,
together with  the  Chairman and Vice Chairman of the Board of
Directors of the joint venture;
 (6) Signed, written comments of the bureau in charge or the MCFERT
after their examination.
 The  MCFERT, within a month of receiving the above documents, shall
issue an official  response or submit the documents with written
comments to the Ministry of Foreign Economic Relations and Trade,
and also send written notification to the applicant. With regard to
all projects which are within the extent of the MCFERT's right of
approval, if an official response has not been issued upon the expiry
of the one month limit, the documents will be deemed to be approved
automatically and the relevant units may proceed with procedures for
the next stage.
 @@  Article  6.  Foreign  investors who wish to establish foreign
investment enterprises  in  Shanghai,  may commission investment
trust  companies, development  companies or other relevant units in
Shanghai to go through the application procedures on their behalf.
It is the responsibility of the commissioned unit to introduce the
relevant  State  and the Municipal laws, decrees  and  important
regulations  and procedures to the foreign investor and introduce the
foreign investor to the relevant department in charge in Shanghai to
carry out discussions. If both parties share relatively similar views,
the  foreign investor may provide the commissioned unit with a power of
attorney. The commissioned unit shall assist the department in charge to
 put  forward  a  project  proposal. After the project proposal
has  been  approved  the  commissioned  unit  will  assist  the
department in charge to carry out substantive discussions with the
foreign investor with regard to land  use,  the construction of
factory  buildings,  labour arrangements, supply  and  distribution
channels,  production  co-operation  and other specific matter. On
the basis of these discussions, foreign investors will formally decide
the  investment  plans  and  present  application  forms for the
establishment  of  a  foreign investment enterprise which will be
submitted, with  written  comments, to the higher authorities by
the department in charge  and  the  commissioned  unit.  Foreign
investors, within a month of receiving a certificate of approval
for  the establishment of a foreign investment enterprise, shall
carry  out  registration procedures with the Municipal Administration
for Industry and Commerce in order to obtain a business licence.
  The  extent  of  the  right  to  examine  and approve the
establishment of a foreign investment enterprise is the same as that
stipulated in Article 4 of these provisional Regulations.
 @@  Article 7. With regard to the establishment of joint ventures
or  the  acceptance   of  foreign  investment  enterprises  for
establishment,  the department in charge shall direct the principal
unit involved to set up a team of skilled negotiators and select a
project manager to organise

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