Number:
[ 157 ]Title： REGISTERING NEW PRODUCTS FOR IMPORT
Question：
We are a manufacturer based in the UK and would like to start importing into China as a reaction to a European customers relocation. Could you please advise how we start the registration process of our products within China. As well as information regarding other regulations or Laws in place which we would need to consider. We are struggling to find any website providing information in English and would welcome any help you could offer.
Thank you and Best Regards Vicky Lane - Export Co-ordinator
VICKYLANE 2008-11-13
Answer：
Thank you for visiting! If you would like to enter into Chinese market, you can both directly promote your products or, for the long run, establish a company. The registration of the product brand is on the volunteer basis. You can entrust a registration agency helping to go through related procedures.
Number:
[ 156 ]Title： What are the laws & regulations governing a foreign manufacturing company?
Question：
My company is considering to setup a manufacturing plant in China. What are the laws that we need to be aware of and how do we go about its formation and operations?
+60326973900 2008-11-11
Answer：
Thank you for visiting! Since your company may manufacture various products, policies may differ as well. For getting a general profile of foreign investment industrial policy, please refer to the Catalogue for the Guidance of Foreign Investment Industries (Amended in 2007), in which industiral sectors of the National Economy are listed into four Catalogues, namely the encouraged, the permitted (list of the permitted industries is not included in the Catalogue of Guidance), the restricted and the prohibited.
Number:
[ 155 ]Title： Could the foreign investors set up wholly-owned engineering design enterprises in China? If so, what procedures should be taken? If not, what are the alternative methods?
Question：
Could the foreign investors set up wholly-owned engineering design enterprises in China? If so, what procedures should be taken? If not, what are the alternative methods?
**** 2008-11-07
Answer：
According to the approval principles and procedures of foreign-invested engineering design enterprises in Principles and Procedures about the Approval of Foreign-invested Enterprises in Some Industries, the establishment of wholly foreign-owned enterprises is not allowed. You could apply through the following procedures: 1. The allowed establishing form: equity joint ventures or contractual joint ventures, with no permission of wholly foreign-owned engineering design institutes; 2. The Chinese partners should hold A or B engineering design certificates of the P. R. China; 3. Foreign partners should have good social reputations in their own countries or regions and registered institutes, architects or engineers with strong competitiveness in the international design market; 4. Registered capital of the joint venture companies should be more than USD200,000 in general; 5. The establishment of Sino-foreign joint venture engineering design institutes shall report to the Ministry of Foreign Trade and Economic Cooperation for approval from the very beginning of setting up projects; 6. The business scopes of joint venture institutes generally include project design, project investigation and related engineering and technical consulting, project management and supervision. The business scopes shall not include general contracting on the establishment of joint venture institutes. The business owners shall operate for a certain period of time after the establishment; when possessing the conditions, they should request to the MOHURD first, and then apply for increasing the business scope of general contracting to the Ministry of Foreign Trade and Economic Cooperation.
Number:
[ 154 ]Title： Should we apply to the MOFCOM or Beijing Municipal Bureau of Commerce
Question：
I would like to consult the affairs about capital increase of foreign-invested Ltd. We are prepared to increase the registered capital of the company, and the investors of increasing capital are domestic institutions. 1. Should we apply to the MOFCOM or Beijing Municipal Bureau of Commerce? 2. The audit reports of which year do they need in approval of capital increase?
**** 2008-11-07
Answer：
The capital increase of foreign-invested Ltd. is required to apply to the Department of Foreign Investment Administration of the MOFCOM. The audit for capital increase needs the audit report of the previous year.
Number:
[ 153 ]Title： What are the laws and regulations for copper mining companies with foreign equity participants
Question：
I need to know: (1) Are there restrictions of China on the proportion of equity stake in the copper mining companies with foreign equity participants? (2) What are the laws and regulations for copper mining companies with foreign equity participants?
**** 2008-11-06
Answer：
There is no special note in Foreign Investment Industry Guidance Categories 2007 about copper mining, and foreign investment should be allowed. The specific law that can be applied could refer to the Company Law, the Regulations for the Implementation of the Law of the P. R. China on Sino-foreign Equity Joint Ventures and the Circular on Relevant Issues in Standardizing the Authorization to Grant Exploration Permits and Mining Licenses. We suggest you to consult the local commercial departments.
