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    详细信息

Foreign Investment in R & D Center

Foreign Investment in R & D Center
 
Forms of Investment
The foreign-invested R&D center may be either Sino-foreign equity joint venture, or contractual joint venture or wholly foreign-owned enterprises established by foreign investors (including the investment companies established by foreign firms) in accordance with the law, or the independent departments and branches inside the foreign enterprises.
Company name:
Company name normally contains four parts in sequence: Name + Industry nature + Administrative area + Type of the organization. 
Scope of business
The “Scope of business” is the scope within which an enterprise engages in business activities, and shall be registered with an enterprise registration authority in accordance with the law and with the provisions in articles of association and partner agreement.
Registered Capital
--(Suggestion) Above 2000,000 US dollars, and in accordance with “the investment scale”
Requirement of property leasehold
Providing the following documents about property leasehold
1 --- 7 copies of lease contract
2 --- Notarial deed of the lease contract
3 --- Record form of lease contract in Real Estate Center
4 ---4 copies of company business license (with company stamp), 4 copies of real estate ownership certificate (with company stamp); 4 copies of ID (with signature)
5 ---Note: If the contract is signed by authorized person, the original authorization letter and 4 copies of ID of the authorized person will be needed.
6 ---If applying for “retail business scope”, extra property lease contract of “store, business, operation” will be needed
Scope of Business
The R&D center is an institute engaging in the research and development or experiment development (including the middle experiment serving research and development activities) in natural science and relevant science and technology fields, which may include basic research, products application research, high-tech research and social welfare research etc.;
The center may transfer its own research and development achievements, or cooperate with domestic science and technology institutions through entrusted or joint development to carry out development;
R&D subjects do not cover the items prohibited in the Catalogue for the Guidance of Foreign Investment Industries;
The center must not engage in other technical trade of which the research and development technical achievements do not belong to this center and production activities other than the middle experiment;
R&D center shall be exclusive of training centers.
Prepare the following documents
 
1.copy of register certificate (or business license of investors) or copy of  individual passport should be notarized by local notarization institute., meanwhile, authenticated by local embassy of P.R.C. in duplicate.
 
2. One copy of identification card (or passport) of the juridical person
3.One copy of identification card (or passport) of directorate members and general manager (vice one) of the new enterprise. Everyone’s resume, address and telephone number will be needed. Each one should prepare four personal photos in use.
 
4.Two copies of Appointment and Authority contracts should be signed by the juridical person of investor 
 
5.Two bank financial credit certificate of investors (original copy needed),and two bank deposit certificate (original copy needed)
 
6.One copy of identification card (or passport) of the person authorized is needed 
 
7. Capital total amount, registered capital, business term, business scope, capital term.
 
8Parent company’s 2008audit report
 
9. New company: Member list of the board of the directors.

10.New company: 3 copies of the appointment letters of the board members and the supervisor 
 
11.New company: Passport and resume of the board members and supervisors

12.New company: 2-inch photo of legal person

13.New company: the catalog of import and export commodities

14.New company1: Copies of ID or passport/resume/address/contact No. of the board members and advanced managers。
 
15.New company: Total amount of the investment, registered capital, business term, business scope, capital term.

16.New company: other documents
 
Verification Authority and Application Procedure
1. Foreign firms which invest to set up the R&D center by means of equity joint-venture, contractual joint venture and sole investment must be examined and approved by examination and approval departments at province level;
2. Establishment of R&D centers inside the foreign enterprises (include investment companies):
(1) Establishment of the research and developing branches or independent departments must be approved by the examination and approval organs in charge of establishment of foreign-invested enterprise according to its authority limit; but if they belong to enterprises below the limits, they must be checked and approved by provincial examination and approval departments (or handle as the following clauses);
(2) As for setting up independent departments inside the foreign enterprises having been established by foreign enterprises, if their operation scope has been composed of "research" and "developing" business, they must submit the related documents to the original examination and approval organ and amend the contract and articles of association, and report them to the original examination and approval organ for approval.
Basic Requirements for Establishment
1. Have definite research and developing fields and specific research and developing projects and fixed sites, apparatus and equipment required by the scientific research and other scientific conditions required, and the investment by the R&D center on research and development shall be no less than USD 2 million;
2. In the case of R&D branches or independent R&D sectors established enterprises engaging in industries listed on Restricted Category of Foreign Investment Guidance, the enterprises? investment amount of R & D center shall exceed 50% of the total investment of the enterprises;
3. R&D centers shall be staffed with the full-time management personnel and R&D technicians, of whom the percentage of staff members engaging in research and developing activities with bachelor degree or above shall make up more than 80% of the total staff of the center.
Main Legal Basis
Circular of the Ministry of Foreign Trade and Economic Cooperation Concerning the Establishment of Research and Development Center with Foreign Investment, which was promulgated on April 18, 2000.

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