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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 regulations,the 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 center,he shall first go to the industrial and commercial administration to handle the enterprise name pre-approval registration.
Then,the investor shall submit an application to Shanghai Foreign Investment Commission.The 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:
1.The application to set up a foreign invested R&D centers (apart from the basic contents,the following parts shall be included):
(1)The direction and field of R&D,its main task and plan of implementation;
(2)Its location,personnel and relevant research facilities
(3)The source of necessary funds for R&D,the specific expenditures and amount of the funds,and the relevant financial budget report;
(4)Within the total amount of investment or self-owned capital,the list of self-use equipment and complementary technology,fittings,spare parts,samples and chemical reagent for R&D that are to be imported;
(5)Description of the advantages of the R&D,which shall also explain if there is an R&D achievement,to whom the achievement belongs.
2.Feasibility study report
3.Bank credit certificate of the investor, registration certificate (copy), legal representative’s certificate(copy).
4.(If the Chinese side invests with state-owned assets)the 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.
5.Contract and Articles of Association signed by authorized representatives of all the investors(Articles of Association only for wholly foreign-owned enterprise).
6.Name list of members of the Board of Directors to be established, and letters of appointment of the directors.
7.Name pre-approval notice for the enterprise to be set up.
8.Certificates to use the registered location and operation address.
9.Other documents required by the examination and approval authority.
The above-mentioned documents shall be the original except those noted in fax copy.For 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 Zone.The 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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