Interim Provisions For The Establishment Of Foreign Invested Printing Enterprises

Article 1 in order to further adapt to the needs of reform and opening up, strengthen the management of foreign invested printing enterprises, and promote the healthy development of China's printing industry, these Provisions are formulated in accordance with the laws and regulations of the People's Republic of China on Sino foreign joint ventures, the law of the People's Republic of China on Sino foreign cooperative ventures, the law of People's Republic of China on foreign invested enterprises, and the regulations on the administration of printing industry.

The second provision applies to the establishment of foreign-funded printing enterprises in China.

The foreign investment printing enterprises as mentioned in these Provisions refer to foreign invested printing enterprises established by foreign institutions, companies and enterprises (hereinafter referred to as foreign investors) in accordance with the principle of equality and mutual benefit and jointly invested by Chinese companies and enterprises, including Sino foreign joint ventures (including joint ventures, cooperative) printing enterprises and foreign investors.

The third country permits the establishment of Sino foreign joint venture printing enterprises engaged in printing, packaging, decoration, printing and other printing business activities, and allows foreign printing enterprises engaged in printing and business activities of packaging and decoration.

The fourth foreign invested printing enterprises shall abide by the laws and regulations of China and accept the supervision and administration of the printing industry management departments, and shall not harm the public interests.

The legitimate business activities of foreign invested printing enterprises and the legitimate rights and interests of investors are protected by Chinese law.

The fifth Chinese investors participate in investment with state-owned assets (including making capital contributions or conditions for cooperation), subject to the approval of their corresponding competent departments, and the assessment of the state assets to be invested in accordance with the relevant provisions of the state assets appraisal management.

Sixth, the establishment of foreign investment printing enterprises shall meet the following requirements:

(1) the Chinese and foreign investors who apply for the establishment of foreign investment printing enterprises shall be legal persons who can independently assume civil liabilities and have the experience of directly or indirectly engaging in printing management.

(two) foreign investors should meet one of the following requirements:

1., it can provide advanced international printing management mode and experience.

2. can provide international leading printing technology and equipment;

3., it can provide more abundant funds.

(three) the application for establishing foreign investment printing enterprises is limited liability company.

(four) the registered capital of foreign invested printing enterprises engaged in printing, printing and packaging printing and printing business shall not be less than 10 million yuan RMB; the registered capital of foreign invested printing enterprises engaged in other printing business activities shall not be less than 5 million yuan RMB.

(five) Sino foreign joint venture printing enterprises engaging in publications and other printing business activities shall hold or dominate the Chinese investors of the joint venture.

Among them, the chairman of the Sino foreign joint venture printing enterprise engaged in publications printing business shall be the Chinese side and the board member shall be more than the foreign party.

(six) the term of operation is generally not more than 30 years.

The approval and establishment of foreign-funded printing enterprises shall, in addition to the provisions of the preceding paragraph, also conform to the planning of the total volume, structure and layout of the printing enterprises concerned by the state.

Seventh, the establishment of a foreign-invested printing enterprise shall first apply to the provincial press and publication administrative department at the locality, and submit the following application documents:

(1) the application for establishing foreign invested printing enterprises.

(two) project proposal and feasibility study report signed by the legal representatives of all investors.

The project proposal shall include the following items:

1. name and residence of investors;

2. the name, legal representative, domicile, business scope, registered capital and total investment amount of the foreign-invested printing enterprise shall be applied for.

3. the way and amount of capital contribution by investors.

(three) registration certificate of each investor (copy), identity certificate of the legal representative (photocopy) and credit certificate.

(four) the confirmation document of the appraisal report of the state assets management department to the state assets.

The provincial administrative department for press and publication shall, within 10 working days from the date of receiving all the required documents, submit the preliminary examination opinion and submit it to the General Administration of press and publication for examination and approval.

The eighth is submitted to the General Administration of press and publication for examination and approval, and the provincial administrative department for press and publication shall submit the following documents:

(1) the applicant applies for the establishment of a document.

(two) preliminary opinions on the administrative departments of the press and publication at the provincial level.

(three) laws, regulations and other documents stipulated by the General Administration of press and publication.

The General Administration of press and publication shall make a written decision on approval or disapproval within 30 working days from the date of receipt of all the required documents.

Article ninth after obtaining the approval documents issued by the General Administration of press and publication, the applicant shall apply to the foreign economic and trade administrative departments of the provinces, autonomous regions, municipalities directly under the central government and cities under separate planning in accordance with relevant laws and regulations, and submit the following documents:

(1) the applicant applies for the establishment of documents and the approval document of the General Administration of press and publication.

(two) contracts and articles of association of foreign invested printing enterprises signed by the legal representatives of all investors or their authorized representatives.

(three) to set up a list of board members of foreign investment printing enterprises and a letter of appointment of directors of all investors.

(four) a notice of pre approval of the enterprise name issued by the administrative department for Industry and commerce.

(five) other materials stipulated by laws, regulations and administrative departments of foreign trade and economic cooperation.

The foreign economic and trade administrative departments of provinces, autonomous regions, municipalities directly under the central government and cities under separate planning shall examine and approve foreign invested printing enterprises which are under the total investment of less than 30 million dollars and intend to engage in printing and operation of packaging and printing.

Written decision of approval or disapproval shall be made within 30 working days from the date of receipt of all the required documents.

The application for approval of establishment shall be issued to the foreign investment enterprise approval certificate and submitted to the Ministry of foreign trade and Economic Cooperation (hereinafter referred to as MOFTEC) for the record.

For foreign invested printing enterprises that are jointly engaged in printing and publishing activities of publications and other printed matter and with total investment of more than 30 million US dollars (including 30 million US dollars) to be engaged in printing and operation of packaging and decoration printing, foreign trade and economic cooperation administrative departments of provinces, autonomous regions, municipalities directly under the central government and cities under separate planning shall submit preliminary examination opinions within 10 working days from the date of receipt of all the required documents and submit them to the Ministry of foreign trade and economic cooperation for examination and approval.

The tenth is submitted to the Ministry of foreign trade and economic cooperation for examination and approval. The administrative departments of foreign trade and economic cooperation of provinces, autonomous regions, municipalities directly under the central government and cities under separate planning shall submit the following documents:

(1) the applicant applies for the establishment of a document.

(two) preliminary opinions on the administrative departments of foreign trade and economic cooperation of provinces, autonomous regions, municipalities directly under the central government and cities under separate planning.

(three) other documents stipulated by laws, regulations and the Ministry of foreign trade and economic cooperation.

The MOFTEC shall make a written decision on approval or disapproval within 3O working days from the date of receipt of all the required documents.

If the application is approved, the certificate of approval for foreign invested enterprises shall be issued.

The eleventh approved applicants, with the approval documents issued by the General Administration of press and publication and the approval certificate of foreign-invested enterprises, apply to the provincial press and publication administrative department for the "printing business license", and apply for the "special industry license" and the business license in accordance with the relevant regulations of the printing industry management regulations.

Twelfth foreign invested printing enterprises shall not set up branches.

Thirteenth Chinese and foreign joint venture printing enterprises have applied for the concurrent operation or modification of printing and business activities in publications, packaging, decoration or other printed matter, or the establishment of foreign investment printing enterprises to merge with other printing operators, or the establishment of new printing operators as a result of merger or division. After approval by the General Administration of press and publication, they shall be reported to the foreign trade and Economic Cooperation Department for approval, and corresponding registration procedures shall be handled according to law.

Other matters shall be submitted to the original department for examination and approval according to the relevant provisions, and the corresponding registration procedures shall be handled accordingly.

For the major registration items such as change of name, legal representative or person in charge, residence or place of operation, equity ratio, or termination of printing business activities, etc., it shall also be reported to the General Administration of press and publication for the record.

If the fourteenth foreign-funded printing enterprises have to expire their business term due to special circumstances, they should submit an application 180 days before the expiration of the term of operation, and submit it to the original examination and approval authority for examination and approval.

The fifteenth approved foreign-invested printing enterprises shall complete the relevant registration procedures within the time limit prescribed by the examining and approving organ; if the overdue period fails to complete, the foreign investment project may be revoked after approval by the examining and approving organ.

Sixteenth printing and publishing administrative departments at or above the county level shall punish foreign investment printing enterprises that have not been authorized to establish and engage in printing business activities without authorization, and shall be punished in accordance with the regulations on the printing industry.

The departments of press and publication and foreign trade and economic cooperation at all levels in violation of the provisions shall, without authorization, approve the establishment or modification of foreign-funded printing enterprises which do not meet the requirements, and shall be responsible for the responsible persons and responsible persons in accordance with the regulations on the administration of printing industry.

Seventeenth investors in the Hongkong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region shall invest in printing enterprises in the mainland, and shall refer to these provisions.

Eighteenth foreign investment printing enterprises approved by the relevant departments prior to the implementation of the "printing industry management regulations" implemented in May 1, 1997, after being examined and approved by the General Administration of press and publication, shall be pferred to the provincial press and publication administrative departments for the "printing business license". Among them, the foreign-invested enterprises engaged in publications printing business activities shall apply to the expansion of the investment scale and the extension of the business term. They shall comply with the requirements of the sixth provisions of this regulation. After May 1, 1997, the foreign-invested printing enterprises approved by the regulations of the printing industry shall, within 180 days from the date of implementation of the provisions, replace the "printing business license" with the provincial press and publication administrative departments.

The nineteenth provisions are interpreted by the General Administration of press and publication and the Ministry of foreign trade and economic cooperation.

The twentieth provision shall come into force on the date of promulgation.