The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.

I. Operation Basis

The Law of the People’s Republic of China on Foreign-Invested Enterprises, the Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures and the Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Ventures and their implementation rules, the Company Law and relevant regulations

II. Scope of Application

The foreign investor sets up a foreign-invested enterprise in such sector listed in the Special Administrative Measures for the Access of Foreign Investment (Negative List)

III. Required Materials

Application report (original)
Letter of authorization for service of legal documents (original)
Notice on pre-approval of enterprise name issued by the administration for industry and commerce (photocopy)
Contracts and articles of association of foreign-invested enterprise signed by the authorized representative of the investor (original)
Notarized certificate of subject qualifications or identification of the overseas investor and its Chinese translation

It is necessary to provide the notarial materials issued by the local notary office at the place of the investor on such registration certificate as well as the certification document issued by the local Chinese embassy or consulate on such registration certificate and notarial materials. If there is no diplomatic relations between China and the country where the investor is, certification shall be first made by the embassy or consulate in a third country which has diplomatic relations with China and the country where the investor is, and then made by the embassy or consulate of China in such third country; and if the investor is an offshore company, the registration certificates of the non-offshore investor of such offshore company shall be submitted.

Bank reference letter of the overseas investor and its Chinese translation (original)
Business license (photocopy) and bank reference letter of the domestic investor (original)
Personal identification papers of authorized representatives of investors (photocopy)
Letter of appointment and personal identification of board member or executive director, member of board of supervisors, or supervisor (photocopy)
Valid certificate of place of incorporation (original) and property ownership certificate (photocopy)
Relevant approval document or filing document issued by the State-owned assets authority (for the project involving state-owned assets, to be provided in accordance with relevant regulations on the administration of State-owned assets) (original)
Undertaking on the authenticity of provided materials, sealed by the enterprise and signed by the legal representative (original)
Agency agreement, and business license of the agency (photocopy), in case of entrusting an intermediary to make application
Other documents required by the examination and approval authority

For details, see “FTZ Investment Application Express” on “China Shanghai” portal website, or the portal website of the China (Shanghai) Pilot Free Trade Zone.

IV. Application Process

(I) “One-off” acceptance process

The foreign investor shall, with the pre-approval of the enterprise name from the administration for industry and commerce, log in “FTZ Investment Application Express” on “China Shanghai” portal website, or the portal website of the China (Shanghai) Pilot Free Trade Zone, to compare the proposed investment with the Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List). Go through the procedures for examination and approval, if a foreign-invested enterprise is invested and established in such field listed in the Negative List of the FTZ. The investor shall complete relevant forms online and then download, print and sign. The applicant shall, within the specified time limit, submit paper materials to the investment management service window of the general service hall of the FTZ to go through the “one-off” acceptance procedures, as required. If materials are complete and in compliance with relevant laws and regulations, after the completion of relevant formalities, the applicant shall receive certificate at the specified window.

(II) General process

The foreign investor may, with the pre-approval of the enterprise name from the administration for industry and commerce, log in “FTZ Investment Application Express” on “China Shanghai” portal website, or the portal website of the China (Shanghai) Pilot Free Trade Zone, to view relevant application guidelines. The enterprise or applicant shall log in “FTZ Investment Application Express” on “China Shanghai” portal website to make online application, prepare relevant materials as required, and submit the materials to the investment management service window of the general service hall of the FTZ. After the procedures are completed, the enterprise shall receive the examination and approval certificate at the designated window.

V. Application Location and Contact Information

General Service Hall, 1/F, 9 Jilong Road, Pudong New Area, Shanghai

Post Code: 200131

Contact Tel.: +86-21-58696822

Fax: +86-21-58696823

VI. Complaint Mode

Mode of Complaint to the Management Committee of the China (Shanghai) Pilot Free Trade Zone

Tel.: +86-21-58697800

Fax: +86-21-58698705

E-mail: ftzts@pudong.gov.cn

Provided by Lawyers Working Committee of Pudong New Area