Major legislation relevant to FDI


CJVs

  1. Law of PRC on Sino-foreign Cooperative Enterprises (Adopted 13 April 1988 by NPC, revised 31 October 2000);

  2. Detailed Rules for the Implementation of the Law of PRC on Sino-foreign Cooperative Enterprises (Promulgated 20 September 1995 by MOFTEC);

  3. Interpretation of the Implementation of Certain Articles of the Detailed Rules for the Implementation of the Law of PRC on Sino-foreign Co- operative Enterprises (Promulgated 22 October 1996 by MOFTEC);

  4. Certain Regulations on the Subscription of Capital by the Parties to Sino-foreign Equity Joint Ventures (Jointly promulgated 1 January 1988 by MOFTEC and SAIC);

  5. Contract Management Regulations for Sino-foreign Equity Joint Ventures (Promulgated 15 October 1990 by MOFTEC);

  6. Guideline Catalogue of Foreign Investment Industries (Promulgated 31 December, 1997, jointly by the SPC, SETC, and MOFTEC).

EJVs

  1. Law of PRC on Sino-foreign Equity Joint Ventures (Adopted 1 July 1979 by NPC, amended 4 April 1990 and 15 March 2001);

  2. Detailed Rules for the Implementation of the Law of PRC on Sino-foreign Equity Joint Ventures (Promul- gated 20 September 1983 by the State Council, amended 15 January 1986, 21 December 1987 and 22 July 2001);

  3. Provisional Regulations on the Duration of Sino- foreign Equity Joint Ventures (Promulgated 22 October 1990 by MOFTEC);

  4. Provisional Regulations of SAIC on the Ratio between the Registered Capital and Total Investment of Sino- foreign Equity Joint Ventures (Promulgated 1 March 1987 by SAIC);

  5. Certain Regulations on the Subscription of Capital by the Parties to Sino-foreign Equity Joint Ventures (Jointly promulgated 1 January 1988 by MOFTEC and SAIC);

  6. Supplementary Regulations on the Certain Regulations on the Subscription of Capital by the Parties to Sino- foreign Equity Joint Ventures (Jointly promulgated 29 September 1997 by MOFTEC and SAIC);

  7. Contract Management Regulations for Sino-foreign Equity Joint Ventures (Promulgated 15 October 1990 by MOFTEC).

WFOEs

  1. The Law of PRC on Wholly Foreign-owned Enterprises (Adopted 12 April 1996 by NPC, revised 31 October 2000);

  2. Detailed Rules for the Implementation of the Law of PRC on Wholly Foreign-owned Enterprises (Promul- gated 12 December 1990 by MOFTEC, revised 12 April 2001);

  3. An Explanation of Several Terms Used in the Detailed Rules for the Implementation of the Law of PRC on Wholly Foreign-owned Enterprises (Issued 6 December 1991 by MOFTEC).

SFJSCs

  1. Provisional Regulations on Several Issues Concerning the Establishment of Foreign Investment Companies Limited by Shares (Promulgated 10 January 1995 by MOFTEC);

  2. Notice of the General Office of MOFTEC on Issues Concerning Certain Questions Regarding Foreign Investment Companies Limited by Shares (Promul- gated 17 May 2001);

  3. PRC Company Law (Adopted 29 December 1993 by NPC, effective 1 July 1994);

  4. Special Regulations of the State Council Concerning Floating and Listing of Shares Overseas by Companies Limited by Shares (Promulgated 4 August 1994 by the State Council);

  5. Certain Opinions on Issues Concerning Listed Companies with Foreign Investment (Jointly issued 8 November 2001 by MOFTEC and China Securities Regulatory Commission);

  6. The Supplementary Notice on Issues Relevant to Converting the Unlisted Foreign Investment Shares of Foreign Investment Companies Limited by Shares into B Shares and Making them Tradable (Promulgated 16 August 2002 by MOFTEC).

Holding companies

  1. Provisional Regulations Governing the Establishment of Investment-type Companies by Foreign Business Investment (Promulgated 4 April 1995 by MOFTEC);

  2. An Explanation of Several Issues Concerning the Provisional Regulations Governing the Establishment of Investment-type companies by Foreign Business Investment (Promulgated 16 February 1996 by MOFTEC);

  3. Supplementary Regulations to the Provisional Regulations Governing the Establishment of Investment-type Companies by Foreign Business Investment (Promul- gated 24 August 1999 by MOFTEC);

  4. Supplementary Regulations (II) to the Provisional Regulations Governing the Establishment of Investment- type Companies by Foreign Business Investment (Promulgated 31 May 2001 by MOFTEC);

  5. Interim Provisions for the Establishment of Foreign Venture Investment Enterprises (Jointly promulgated 28 August 2001 by MOFTEC, Ministry of Science and Technology and SAIC).

Foreign invested joint stock companies

Provisional Regulations of the Ministry of Foreign Trade and Economic Cooperation on Certain Issues Concerning the Establishment of Foreign Investment Companies Limited By Shares (Promulgated by MOFTEC 10 January 1995).

Major regulations applicable to all forms of FIEs:

  1. Provisional Regulations of SAIC on the Ratio between the Registered Capital and Total Investment of Sino- foreign Equity Joint Ventures (Promulgated 1 March 1987 by SAIC);

  2. PRC Company Law (Adopted 29 December 1993 by NPC, effective 1 July 1994);

  3. Notice of MOFTEC and SAIC on Relevant Regulations and Procedures for Adjustment of Aggregate Investment and Registered Capital by Foreign Investment Enterprises (Jointly issued 25 May 1995 by MOFTEC and SAIC);

  4. Measures on Liquidation Procedures for Foreign Investment Enterprises (Issued 9 July 1996 by MOFTEC);

  5. Certain Regulations on Changes to Shareholders' Rights in Foreign Investment Enterprises (Promulgated 28 May 1997 by MOFTEC and SAIC);

  6. Supplementary Regulations on the Certain Regulations on the Subscription of Capital by the Parties to Sino- foreign Equity Joint Ventures (Jointly promulgated 29 September 1997 by MOFTEC and SAIC);

  7. Interim Provisions on Investment Inside China by Foreign Investment Enterprises (Jointly promulgated 25 July 2000 by MOFTEC and SAIC);

  8. Provisions on Merger and Division of Foreign Investment Enterprises (Jointly issued 23 September 1999 by MOFTEC and SAIC, revised 22 November 2001).

Technology transfer

  1. PRC Regulations of Administration of Technology Import and Export (Promulgated 31 October 2001 by the State Council, effective 1 January 2002);

  2. Measures for Administration of the Registration of Technology Import/Export Contracts (Issued by MOFTEC 16 November 2001, effective 1 January 2002);

  3. Interim Measures of Administration of Import Trade of Technology and Equipment (Promulgated 22 March 1996 by MOFTEC);

  4. Measures of Administration of Prohibited and Limited Exports of Technology (Jointly promulgated 30 December 2001 by MOFTEC and Ministry of Science and Technology, effective 1 January 2002);

  5. Measures of Administration of Prohibited and Limited Imports of Technology (Jointly promulgated 30 December 2001 by MOFTEC and State Economic and Trade Commission, effective 1 January 2002);

  6. PRC Contract Law (Adopted 15 March 1999 by NPC, effective 1 October 1999);

  7. PRC Patent Law (Adopted 12 March 1984, amended 4 September 1992, 25 August 2000, recent version effective 1 July 2000);

  8. Detailed Implementation Rules of the PRC Patent Law (Effective 1 July 2000);

  9. Notice of the Supreme People's Court Regarding Distribution of Nationwide Courts Intellectual Property Hearing Working Conference Summary Concerning Hearing of Cases Involving Technology Contract Disputes (Issued 19 June 2001 by the Supreme People's Court).

Edward R.J. Neunuebel is the Head of China Practice (Hong Kong) for Denton Wilde Sapte. He formerly served The Dow Chemical Company as its Global Assistant General Counsel and General Counsel for the Pacific Region. A USA-qualified attorney and Mandarin speaker, Ed has been involved primarily in the chemical, plastics, mining, and steel industries over his 27 years as an international lawyer concentrating on M&A, joint ventures, corporate, commercial and intellectual property matters.




Doing Business with China
Doing Business with China
ISBN: 1905050089
EAN: 2147483647
Year: 2003
Pages: 648
Authors: Lord Brittan

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