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How to establish foreign-invested R&D centers?
2006-10-25 16:09:30

According to the Circular on Problems of Foreign Investment to Set Up Research & Development (R&D) Centers of the Ministry of Foreign Trade and Economic Co-operation and other regulationsthe procedures to set up foreign invested R&D centers are as follows

If a foreign investor plans to invest and set up a new R&D centerhe shall first go to the industrial and commercial administration to handle the enterprise name pre-approval registration

Thenthe investor shall submit an application to Shanghai Foreign Investment CommissionThe Chinese-foreign equity joint venture or the contractual joint venture can submit the application by the Chinese party and the wholly foreign-owned enterprise shall submit the application through and agency and submit the relevant documents as follows

1The application to set up a foreign invested R&D centers apart from the basic contentsthe following parts shall be included):

1The direction and field of R&Dits main task and plan of implementation

2Its locationpersonnel and relevant research facilities

3The source of necessary funds for R&Dthe specific expenditures and amount of the fundsand the relevant financial budget report

4Within the total amount of investment or self-owned capitalthe list of self-use equipment and complementary technologyfittingsspare partssamples and chemical reagent for R&D that are to be imported

5Description of the advantages of the R&Dwhich shall also explain if there is an R&D achievementto whom the achievement belongs

2Feasibility study report

3Bank credit certificate of the investor, registration certificate copy, legal representative’s certificatecopy).

4.(If the Chinese side invests with state-owned assetsthe approval document issued by the state-owned assets administration authority on the evaluation report regarding the state-owned assets to be invested by the Chinese side

5Contract and Articles of Association signed by authorized representatives of all the investorsArticles of Association only for wholly foreign-owned enterprise).

6Name list of members of the Board of Directors to be established, and letters of appointment of the directors

7Name pre-approval notice for the enterprise to be set up

8Certificates to use the registered location and operation address

9Other documents required by the examination and approval authority

The above-mentioned documents shall be the original except those noted in fax copyFor documents signed by non-legal representatives, the Letter of Entrustment by the legal representative shall be submitted

After the receipt of the application documents, Shanghai Foreign Investment Commission will examine and approve the foreign-invested R&D center, and will give the approval to the qualified applicants; Shanghai Foreign Investment Commission entrusts Pudong New Area Government to examine, approve and administrate the foreign invested R&D centers located in Zhangjiang Hi-tech Park; entrusts Project Office of Caohejing New Tech Development Zone General Company to examine, approve and administrate foreign-invested R&D centers in Caohejing New Tech Development ZoneThe projects approved by them would be reported to Shanghai Foreign Investment Commission and Shanghai Science & Technology Commission for record

The approved foreign invested R&D centers shall, within one month after the date of being approved, transact the registration procedures at the industrial and commercial administration

 

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         Shanghai Foreign Investment Commiss  TEL:021-62752200 E-mail:investment@smert.gov.cn