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The Evaluation of “Two Kinds” of Foreign Investment Enterprise(2008-9-26))

I. Confirmation and examination of foreign investment technologically advanced enterprise

(I). Administrative requirement:

1. It must be production enterprises or enterprises of research and development projects.

2. It must be with international advanced craft, technology and equipments.

3. The quality and technical function shall be lead at home or international advanced.

4. Enterprises must be put into production over 6 months.

(II). Related administrative formalities, materials and files

1. The confirmation application and verification form of “Technologically Advanced Enterprise”

2. The paper application form of enterprise

3. Certificate of Technologically Advanced Enterprise, photocopy of industrial and commercial business license, feasible research report, photocopy of contract (including technology transfer contract or agreement), photocopy of its regulation and official, written reply to the subordinate body.

4. The capital verification report of registered capital by each investor, shown by certified public accountants

5. Other certificates about technology or honor certificates of enterprises

(III). Administrative Procedures

1. After enterprises submit paper application and attach needed files, Foreign Economic Committee of its district or country (or Association of Enterprises with Foreign Investment), or authority concerned will write comments and sign name on the document, transmit to Shanghai Association of Enterprises with Foreign Investment.

2. Units directly subordinate to Shanghai Municipal Government will transmit files to Shanghai Association of Enterprises with Foreign Investment.

3. Experts of Shanghai Association of Enterprises with Foreign Investment will carry on technology evaluation of foreign investment technologically advanced enterprise and give technology comments.

4. Shanghai Association of Enterprises with Foreign Investment will give opinion of first trial and report to Municipal Foreign Investment Commission for verification and confirmation.

5. Shanghai Association of Enterprises with Foreign Investment will issue the confirmation certificate and stainless steel breastplate of “Foreign Investment Technologically Advanced Enterprise” on behalf of Municipal Foreign Investment Commission.

II. Confirmation and examination of foreign investment enterprise producing export products

(I). Administrative requirement:

1. It must be foreign investment enterprise producing export products.

2. Annual export sales (including direct export, export agency of foreign trade company, etc.) has reached over 50% of the wholes annual sales of all products.

3. Business foreign exchange has been balanced that year (revenue of business foreign exchange in that year was more than that of expenditure, not including balance forward of last year).

4. Enterprise has been put into production over 1 year and began to make profit that year.

(II). Related administrative formalities, materials and files

A. Application files of “Enterprise Producing Export Products” confirmation

1. The confirmation application and verification form of “Enterprise Producing Export Products”

2. Certificate of Technologically Advanced Enterprise, photocopy of industrial and commercial business license

3. Photocopy of contract, its regulation and official, written reply to the subordinate body

4. Photocopy of capital verification report of registered capital by each investor, shown by certified public accountants

5. Audit report of last year shown by certified public accountants

B. Application files of “Enterprise Producing Export Products” verification

1. Actual result report form of export products of last year

2. Balance sheet of foreign exchange of last year

3. Financial statements of last year, audit report of actual result of export products of last year and audit report of foreign exchange balance, all shown by certified public accountants

(III). Administrative Procedures

1. After enterprises submit paper application and attach needed files, Foreign Economic Committee of its district or country (or Association of Enterprises with Foreign Investment), or authority concerned will write comments and sign name on the document, transmit to Shanghai Association of Enterprises with Foreign Investment.

2. Units directly subordinate to Shanghai Municipal Government transmit files to Shanghai Association of Enterprises with Foreign Investment.

3. Shanghai Association of Enterprises with Foreign Investment will collect all the application materials of “Enterprise Producing Export Products” in the whole city, give opinion of first trial and report to Municipal Foreign Investment Commission for verification and confirmation.

4. After the verification and confirmation from Municipal Foreign Investment Commission, Shanghai Association of Enterprises with Foreign Investment will issue the confirmation certificate of “Enterprise Producing Export Products” on behalf of Municipal Foreign Investment Commission.

5. Foreign investment enterprises which are confirmed as “Enterprise Producing Export Products” must apply to the foreign economic committee of their district (country) for verification and submit related materials in the first four months in a year.

Administrative body, time, address, contact

Administrative body: Management and Coordination Department of Foreign Economic Committee of Jing’an District

Address: No. 58 Jiaozhou Road

Phone: 62150607

Reception time: 8:30…11:30 AM; 1:30…5:30 PM on workdays

Related policies and laws

1. “Concerning the Encouragement of Foreign Investment” by State Council (11th, October 1986)

2. “Notice of Modification, Printing and Distribution of ‘Implement of Confirmation and Verification of Foreign Investment Enterprise Producing Export Products and Technologically Advanced Enterprise’” by Ministry of Foreign Trade and Economic Cooperation, PRC (Issued on 3rd, December 1996, implemented on 1st, January 1997)

3. “Shanghai Association of Enterprises with Foreign Investment Undertake Some of the Work of Municipal Foreign Investment Commission” by Shanghai Foreign Investment Working Committee (12th, August 1999)

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