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Foreign Investment Regulations in Hainan Special Economic Zone

en.hainan.gov.cn | Updated: 2017-12-22

Article 10 When applying for permission to establish a foreign investment enterprise, the applicant must submit the following official documents to the examination and approval authorities: 

1. an application for permission to establish a foreign investment enterprise; 

2. the written replies from the relevant departments to the project proposal (including special reports on operation of special industries); 

3. the project feasibility study;

4. the agreement, contract and Articles of association signed by the legal or authorized representative of each party to the equity or co-operative joint venture (in the case of a wholly foreign-owned enterprises, only the Articles of association need be submitted); 

5. in the case of an equity or co-operative joint venture, the Chinese party must submit its business license and the foreign party must submit its foreign certificate of enterprise registration or the individual identity papers of the investor. An applicant applying for permission to establish a wholly foreign-owned enterprise must submit its certificate of foreign enterprise registration or the individual identity papers of the investor; 

6. the investors' certificates of creditworthiness; 

7. the approval document for the establishment of the equity or co-operative joint venture issued by the department in charge of the Chinese party to the equity or co-operative joint venture; 

8. the names of the people selected for the board of directors or the management organization. 

Article 11 The examination and approval authorities must, within 30 days after receiving the receipt of the documents specified in Article 10, decide whether to approve or reject the application. 

Article 12 Within 30 days after receiving the receipt of the approval certificate, the applicant must, on the strength of the approval certificate, carry out registration procedures at the administration for industry and commerce of Hainan province authorized by the State, in accordance with the State's regulations regarding the administration of enterprise registration. 

The authorized administration for industry and commerce must carry out industrial and commercial registration and issue a business license within 10 days after receiving the receipt of the relevant documents. The date of issue of the business license must be the date of establishment of the foreign investment enterprise. 

Article 13 Foreign investment enterprises must carry out tax registration with the tax authorities of the places where they are located on the strength of the relevant documents within 30 days after the date of their establishment. 

Article 14 A foreign business entity that purchases, or owns at least 25 percent of the shares of, an existing enterprise in the Hainan Special Economic Zone may apply for the original enterprise to be changed to a foreign investment enterprise. Upon approval of such change by the examination and approval authorities, corresponding changes must be made in the registrations with the administration for industry and commerce of Hainan province authorized by the State and the tax authorities of the place where the enterprise is located. 

Part three Investment scope 

Article 15 Foreign business entities are encouraged to invest in sectors such as industry, agriculture, transportation, scientific and technological development and tourism. 

Article 16 Foreign business entities are encouraged to invest in infrastructure construction projects such as ports, piers, airports, highways, railroads, power stations, coal mines, water conservancy, as well as in agricultural development projects, using equity or co-operative joint ventures as investment vehicles. Foreign business entities may also operate special facilities through wholly foreign-owned enterprises. Foreign business entities investing in such projects may simultaneously establish enterprises and service institutions that are connected with such projects and that generate large benefits and have short payback periods, and may subsequently conduct comprehensive business operations.  

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