I . Survey
(i) Geographic
Location and
Major Cities
Shaanxi Province lies in the middle reaches of Yellow River, east of
northwest region of China. It stretches from 105°29′east to 111°15′east
of longitude and 31°42′north
to 39°35′north of latitude. It is
bounded on the east by Shanxi through Yellow river, on the west by Gansu, Ningxia, on the north by Inner Mongolia, on the south by Sichuan, Chongqing and on
the southeast by Henan and Hubei. Shaanxi connects east with west and links up
south and north.
Shaanxi Province has a land area of 205,800 km2. It stretches 880 km from south to north and 160-490km from east to west. The north and the south was higher than that of the middle area, the west was higher than the east. Shaanxi has an extremely varied topography.
The north is Loess Plateau, the middle is Guanzhong Plain, and the south is
Qinba mountainous area. It governs 10 provincial cities including Xi’an, Baoji, Xianyang, Tongchuan, Weinan, Yan’an, Yulin, Hanzhong, 3 county-level cities,
80 counties, 23 municipal districts.
Rivers bordered
by Qinling Mountain were divided into south and north river systems which
belong to Changjiang river system and Yellow river system respectively,
including Weihe River, Jinghe River, Luohe River, Wuding River, Hanjiang River, Danjiang River and Jialing River. Shaanxi covers a land area of 205,800 km2, accounting for 2.1% of that of China. Of which, cultivated area is 4.154 million ha., gardern area is 681,000 ha., forestry area is 10.203 million ha., grassland area is 3.134 million ha., agricultural area is 303,000 ha. nd unused area is 1.308 million ha.
Shaanxi has mountainous area of 7.41 million ha., plateau area of 9.26
million ha. and plain area of 3.91 million ha., accounting for 36.0%, 45.0% and
19.0% of total area respectively.
Geodetic origin of the People’s Republic of
China is situated in Yongle Town, Jingyang County, Shaanxi Province.
(ii) Climate
Shaanxi expands three climate zones of temperate zone, warm temperate zone
and northern subtropical zone and two river systems of Yellow River and Changjiang River. It has continental monsoon climate. The mean annual temperature range
from 9oC to 16oC and annual rainfall is from 396 to 802 mm.
(iii) Population
and Ethnic
Groups
By the end of
2005, Shaanxi had a permanent population of 37.2 million, of which, urban
population is 13.85 million, accounting for 37.23% and rural population is
23.35 million, accounting for 62.77%. Shaanxi has Han, Manchu, Hui, Mongolian,
Tibetan and other ethnic groups.
(iv)
Infrastructure and Transportation
Transportation
Shaanxi has a convenient and safety integrated transportation system. In
2005, turnover of passenger and freight traffic with varied transportation
means is 172.3688billion ton-km. Of which, railway finished 145.983 billion
ton-km, highway finished 25.446billion ton-km and civil aviation finished 0.904
billion ton-km.
Railway
Construction
In 2005, total
mileage of railway in Shaanxi was more than 4,300 km, freight volume was 201 million tons and passenger traffic was 37.3696 million peron-times. Xi’an, the capital of Shaanxi, is one of six largest hinges of railway passenger
transport in China. Through developing sea-railway combined transportation with
Shanghai, Qingdao, Tianjing and other harbors, outbound goods of Shaanxi could be directly exported after one-off customs clearance and commodities
inspection in Xi’an.
Highway
Shaanxi construction Traffic mileage was over 50,000 km and mileage of expressway was 1,300 km in 2005. At present, expressway runs through Shaanxi and expressway Xi’an-Baotou was open to traffic. Centered on Xi’an, expressway
network of Shaanxi, taking national main trunk line and great path of west China as framework, connecting with 10 cities in Shaanxi and striking towards outside Shaanxi, has taken shape. In 2005, freight volume was 235 million tons and passenger traffi
c was 336 million person-times.
Airport
Construction
Xi ’an Xianyang International Airport is the important aviation hinge in the western China. It has more than 120 domestic and international flight lines. It has contacted with near 30
airline companies including New York, London, Paris, Tokyo, Seoul, Frankfurt, Vancouver, Singapore, Malaysia and Thailand. In 2005, freight volume was 39,000 tons and
passenger traffic was 3.8953 million person-times.
Telecom
Equipment and
technical level of Shaanxi communication network have reached the world level.
Centered on optical fiber cable and supported by digital microwave and
satellite communication, communication transmission network with large capacity
and high speed has been formed. Integrated communication network has been
covering the whole province. Relay bandwidth of internet in Shaanxi is 155M and bandwidth outside Shaanxi is 50G. Shaanxi has become the communication center in western China. By the end of 2005, total
capacity of public exchange had reached 12.3258 million. Telephone subscriber
across the whole Shaanxi reached 17.9742 million, including 8.5932 millions of
fixed telephone subscribers and 9.381 millions of mobile telephone subscribers.
Fixed and mobile telephone diffusion rate arrived at 23.1 telephones/hundred
persons and 25.22 telephones/hundred persons respectively.
Natural Gas
Natural gas
transmission pipeline between Xi’an and Weinan, Xianyang and Baoji has been
built.
Water
Conservancy
10 projects
include second-phase engineering of pumping water from Yellow river in Donglei
and Erlangba engineering of introducing Jialingjiang into Hanjiang River have been built. The completion of Xi’an Heihe River Jinpen Hydro Project, Addition
Project of Dam and Gate in Baojixia Dam and Western Suburb of Sanyuan Hydro
Project mitigates the urban water shortage and increases the ability to fight
flood. Xi’an Heihe River Project makes Xi’an won’t worry water utilization
within 20 years.
Electric Power
330kv electric
network system has covered the whole province. Xi’an urban electric power
network and rural power network guarantee the plenteous industrial electricity,
agricultural electricity and residential electricity. Because of rich energy
resources, power supply in Shaanxi could not only meet itself requirements, but
also transmit to eastern and middle region.
Finance
Shaanxi has complete finance services institutes which spread all cities
and communities. By the end of 2005, all outstanding of deposits in RMB in Shaanxi financial institutes was 644.648 billion Yuan and all balance of loans was 398.319
billion Yuan.
Insurance
In 2005,
management body in insurance market arrived at 13, various insurance companies
reached 1,492 and the employed was 48,000. The premium income was RMB 9.74
billion Yuan, including RMB 2.39 billion Yuan of property insurance and RMB
7.35 billion Yuan of life insurance.
(v) Ecological
Environment
The temperate
climate, warm temperate climate and northern subtropical climate and Yellow
River and Changjiang River System can be found in Shaanxi Province. Featuring
in complicate landform, distinct climate, Shaanxi Province boasts of various
biological resources. Especially Qinba Mountainous area in located in the joint
belt of south and north climate, therefore, the biodiversity is very
distinctive. It was called the natural bank of China Plant resources. It has
over 3,700 wild seed plants, 37 rare plants and nearly 800 medical use plants.
It also has 80 rare animal such as Giant Panda,golden monkey and Crested ibis. A part from this, Shaanxi is an important ecological barrier of middle and east part of China. The ecological environment protection has important signifi cance for soil erosion
of Yellow river, south water diversion and water quality. In 2005, the whole
province has 45 natural protection zones with total protection area of 995,000 Ha. Among them, there are 7 national natural protection zones. In order to improve the ecological environment, Shaanxi Province launched a series project such as
natural forest protection, returning infield to forest and grass and water
conservancy and etc. by the end of 2005, over 30 million mu had realized
returning infield to forestry, standing the first in China.
(vi) Foreign
Communication
Friendly Provinces and Cities
By 2005, Shaanxi had 44 friendly provinces and cities in total. Through visiting, economic and trade
negotiation, talent communication, technical training and other activities, it
not only deepens understanding and friendship between Shaanxi and its friendly
cities, but promotes their economic cooperation and trade contacts, helping to
the culture, education, technology and cooperation.
List
of Friendly Provinces and Cities between Shaanxi and Its Friendly Countries
By the end of
2005, Shaanxi had 44 pair of friendly cities in total.
Foreign-related
Exhibition
The Investment
& Trade Forum for Cooperation between East & West China (the“ Forum”
for short) is an international economic and trade forum, aiming to strengthen
the cooperation between east, middle and west China and promote harmonious
development of regional economy. It has been successfully held for 9
consecutive years. Each year, there are more than 2,000 exhibition booths on
average. In addition, delegations from 30 provinces/areas/cities and 100,000
domestic and international traders attend
the forum every year. During the exhibition, there are generally over 350,000
audiences. In the principle of handling concrete matters and serving enterprises,
the Forum focuses upon field demonstration and negotiation, Taiwan businessmen
going-west campaign, briefing of“ Silk Road” international tourism projects,
inter-provincial key projects recommendation , as well as special meetings on
assets recombination, science and technology, medicine, and culture, etc.
Euro-Asia
Economic Forum Euro-Asia Economic Forum is an Important conference
, sponsored by Shanghai Cooperation Organization, State Development Bank and
United Nations Economic and Social Commission, cosponsored by Boao Forum for Asia, and undertaken by Xi’an Municipal People’s Government and Beijing Contemporary World
Development Research Institute. The 1st Euro-Asia Economic Forum was held in Xi’an from November 10 - 11 of 2005. It is a grand meeting for strengthening the friendly
visit and exchange between China and Central Asian and European nations, for
advancing the economic & trade cooperation and economic development between
nations and regions, for re-displaying the “Silk Road” brilliance, and for promoting common
prosperity and rejuvenation of Eurasia. In addition, the Forum has not only
promoted foreign economic cooperation and exchange, but also accelerated the in-depth
implementation of West Development Strategy and internationalized process.
(vii)Higher
education and science & technology
Higher education
Shaanxi Province
has 72 colleges and universities, such as Xi’an Jiaotong University,
Northwestern Polytechnical University, Xidian University, Chang’an University,
Northwest University, Northwest University of Politics and Law, etc., inside
which there are 95 first-class disciplines for accrediting Ph.D (561 Ph.D
workstations), 132 first-class disciplines for accrediting Master’s Degree
(1,415 master workstations). Shaanxi Province has already become the important
graduates training base in China. In 2005, there were 208,900 enrolled
undergraduates and junior undergraduates, 666,900 in-school students; 20,700 enrolled postgraduates, 58,400 in-school postgraduates.
Science and technology
Shaanxi is the important scientific research and production base in China’s aviation, spaceflight, electronics, and agriculture, etc. There are 1.08 million
professional technicians, 51 academicians of the Chinese Academy of Sciences
and Chinese Academy of Engineering, 1,076 research institutes. In 2005, There
were 110 projects altogether, of which there were 10 key projects, and the
annual sales income was RMB 3.891 billion Yuan. Among the key research results,
there were 16 internationally leading projects, and 93 internationally advanced
ones, 141 domestically leading ones, 58 domestically advanced ones. There were
4,166 cases of patent applications, and 1,894 cases were authorized, of which
there were 445 patents for invention, 1,131 patents for practical and new
techniques, and 318 patents for appearance design. In the whole year, 3,392
technological contracts altogether were signed, including 2,222 contracts for
technological development, 183 for technological transfer, 275 for
technological consultation, and 712 for technological services. Total turnover
of technological contracts was RMB 1.89 billion Yuan.
(viii) Tourism
Shaanxi is the important cradle of Chinese civilization and culture. Xi’an, Athens, Rome and Cairo have been called the four major civilized ancient capitals
in the world. Since the 11th century B.C., 13 dynasties had successively
established their capitals here, such as Zhou, Qin, Han, and Tang dynasties,
lasting 1,180 years. 5,000-year Chinese history left the abundant historic
sites here and accumulated profound culture. There are site of Lantian Ape Man
dating back to more than 800,000 years, the Terra Cotta Warriors and Horses of
Emperor Qin which is known as the 8th major miracle in the world, the History
Museum showing China’ s historical epitome, and the ancient city wall which is
the largest and best preserved wall in the world so far ……Here, Lao Tzu
composed scriptures, Li Bai wrote poems, King Zhouyou doted his concubines, and
Tang Minghuang met his wife…… The abundant historic sites and cultural
accumulation have made Xi’an become an international famous tourism city. At
present, there are 89 national key cultural relics protection units (113
locations) in the whole province, accounting for 1/10 that of China. In addition, Shaanxi is rich in natural landscapes, in which Mt. Huashan is located. There are 44 approved natural reserves (scenic spots) throughout the
province, covering an area of 995,000 ha. In 2005, around 59.879 million domestic tourists and 928,400 overseas tourists came here, and domestic
tourism income and foreign exchange income were respectively RMB 31.63 billion
Yuan and US$ 446 million.
(ix) Local
specialty
Shaanxi has
abundant products, with local specialty as follows: Lantian Jade, Shanbei Red
Date, Shannan Tea, dense wine, walnut in Shangluo, strawberry, prickly ash,
Chinese kiwi fruit, xiang jujube, fire persimmon, Lintong pomegranate, apple,
peach, grape, Chinese chestnut, Chinese lacquer, Fructus Schisandrae Chinensis
and Auricularia auricular, etc.
II . Economy
(i)
Overview of economic development in Shaanxi Province
In recent years,
the national economy of Shaanxi Province has increased in a sustained and fast
way. In 2005, total output value of Shaanxi was RMB 367.475 billion Yuan. Of
which, the added value of the primary industry was RMB 41.86 billion Yuan, and
its proportion in the total output value was 11.4%; The added value of the
secondary industry was RMB 184.897 billion Yuan, and its proportion in the
total output value was 50.3%; The added value of the tertiary industry was RMB
140.718 billion Yuan, and its proportion in the total output value was 38.3%.
Per capita total output value was RMB 9,844 Yuan.
Total Output Value in Shaanxi Province in 2005
(ii) Overview of
industrial development in Shaanxi Province
The industrial
production has remained steady growth in Shaanxi Province. In 2005, the
State-owned industrial enterprises (SOIEs ) and non-SOIEs with annual sales
income above RMB 5 million Yuan (hereinafter referred to as the Scaled
Industrial Enterprises) completed the industrial added value of RMB 126.718
billion Yuan.
Output
of Major Industrial Products above Scale
(iii) Overview
of Agricultural Development in Shaanxi Province
Shaanxi is a large province of agriculture, and its agricultural products
such as grain, oil plants, vegetables, cured tobacco, apple and Chinese
chestnut are at leading position throughout the country. In 2005, the total
output value of farming, forestry, animal husbandry and fishery (including
service industry for farming, forestry, animal husbandry and fi shery) was RMB
73.07 billion Yuan.
Output
of Major Agricultural Products in 2005
(iv) Overview of
Natural Resources in Shaanxi Province
Mineral
Resources
Shaanxi Province is rich in coal resources, with the reserves of nonferrous
metals, building materials and precious metals ranking the top in China. Petroleum and natural gas have considerable prospects, with many verities of mineral
products and large amount of proved reserves. Proved reserves of coal are 165.9
billion tons in Shaanxi, second only to Shanxi and Inner Mongolia, which are
mainly scattered in Shanbei and Weibei Area. The petroleum is mainly scattered
inside Yan’an, and 12 oildoms have been discovered, the geological reserves are
about 700 million tons, proved reserves are more than 400 million tons, ranking
the 10th throughout the country; the proved reserves of natural gas are 170
billion m3 in west area of Shanbei and 3.3 billion m3 in Hengshan and Yulin areas. There are 27 mineral products which reserves rank the top 3 and 54 ones which reserves rank the top 10 in the whole country.
Water Resources
Total volume of
water resources is 45.5 billion m3 in the whole province, but water resources are not distributed evenly, and rivers contain a large amount of silts.
Shannan covers 1/3 land of the whole province, but has more than 70% water
resources; Guanzhong and Shanbei cover 2/3 land of the whole province, but only
has less than 30% water resources.
Land Resources
Every 10,000
people cover 57.5 km2 land in the whole province, slightly higher than national average level. The cultivatable wasteland is 382,000 ha., and unused land is 1.845 million ha. Every 10,000 people have 107 ha. cultivatable wasteland and 517 ha. unused land. Land resources feature more mountainous region but less plains. Rivers, plains and diluvial-alluvial deposition with elevation less than 800 m cover only 10% land of the whole province. Land types cover mountainous area, hills, plateau, plain, sand area, and marsh. The land is mainly used for agriculture
(cultivated land, forest land, field, meadow), covering about 87% land of the
whole province.
Biological
Resources
Shaanxi has abundant plants and vegetation resources, with complicated and
various vegetation types; the growth of various ecological natural vegetation,
secondary vegetation and artificial vegetation is relatively typical.
The wild animal
resources have more than 700 varieties, such as beasts, birds and amphibians,
which are scattered most unevenly in north and south, with big difference
between belt and non-belt. Qinling-Bashan Mountainous Area has the most
abundant animal resources, which is a natural botanical garden with
miscellaneous species and national Class-I, Class-II and Class-III protected
animals. Qinling-Bashan Mountainous Area and Shanei Plateau have miscellaneous
ecological and biological species, but most of which are not scattered in
centralized way.
(v) Overview of
Business Development in Shaanxi Province
Foreign Trade
In 2005, total
import and export value was US$ 4.577 billion. Export value was US$ 3.076
billion, Import value was US$ 1.501 billion. The favorable balance of trade was
US$ 1.575 billion in the whole year. Foreign trade export still focuses upon
ordinary trading way, and the ordinary trade export value was US$ 2.52 billion,
accounting for 81.9% of total export value.
Utilization of
Foreign Funds
In 2005, around
256 FDI (Foreign Direct Investment) projects were approved, and the contractual
foreign funds were US$ 1.582 billion; Actual utilization of foreign funds was
US$ 628 million. By the end of 2005, 4,367 FDI projects altogether have been
approved in the whole province, and actual utilization of foreign funds was US$
5.408 billion. Accumulatively, there are investors from 69 countries and
regions who have invested in Shaanxi.
International
Economic and Technological Cooperation
In 2005, the
turnover of foreign contracting projects and labor service cooperation was US$
242 million; At the end of the year, there were 3,850 emigrant labors. By the
end of 2005, there were 47 enterprises which have been eligible for foreign
economic cooperation and completed turnover of US$ 1.552 billion and export of
labor services of 37,400 person-time.
Commerce and
Circulation Industry
Consumption
scale is expanding continuously and its pulling role has appeared obviously day
by day. In 2005, the total retail amount of social consumables was RMB 132.241
billion Yuan. The total retail amount of the wholesale business was RMB 115.562
billion Yuan; the total retail amount of the accommodation and food &
beverage industry was RMB 14.009 billion Yuan; the total retail amount of other
trades was RMB 2.67 billion Yuan.
III . Investment
(i)Policy and
Administrative Rules
Catalogue of Related Laws
Foreign Trade Law of the People’s Republic
of China
Customs Law of the People’s Republic of China
Law of the People’s Republic of China on Import and Export Commodity Inspection
Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures
Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Ventures
Law of the People’s Republic of China on Foreign-Capital Enterprises
Company Law of the People’s Republic of
China
Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine
Law of the People’s Republic of China on Control of the Entry and Exit of Aliens
Law of the People’s Republic of China on the Control of the Exit and Entry of Citizens
Securities Law of the People’s Republic of China
Income Tax Law of the People’s Republic of China for Enterprises with Foreign Investment and Foreign Enterprises
Individual Income Tax Law of the People’s
Republic of China
Law of the People’s Republic of China on the Administration of Tax Collection
Environmental Protection Law of the
People’s Republic of China
Law of the People’s Republic of China on Evaluation of Environmental Effects
Law of the People’s Republic of China on Promotion of Cleaner Production
Law of the People’s Republic of China on Prevention and Control of Desertifi cation
Marine Environment Protection Law of the
People’s Republic of China
Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution
Law of the People’s Republic of China on Prevention and Control of Environmental Pollution by Solid Waste
Law of the People’s Republic of China on Prevention and Control of Water Pollution
Law of the People’s Republic of China on Prevention and Control of Environmental Noise Pollution
Law of the People’s Republic of China on Prevention and Control of Radioactive Pollution
Frontier Health and Quarantine Law of the
People’s Republic of China
Labour Law of the People’s Republic of China
Trade Union Law of the People’s Republic of
China
Searching
Website for the Related Laws
1 . Searching System of Laws and
Regulations of China (website of National People’s Congress of China)
http://law.npc.gov.cn:87/home/begin1.cbs
2. China Legislative Information Network
System
http://www.chinalaw.gov.cn/jsp/jalor/index.jsp
3. Ministry of Commerce
http://www.mofcom.gov.cn
the above-mentioned websites are for
reference only.
(ii) Investment
Procedures
Investment
Approval Authority
1. Investment
competent authorities (Development and Reform Commission at provincial and city
level) are responsible for approving the project application report with
foreign investment.
2 . Commerce (
foreign trade and economic cooperation) competent authorities (Ministry of Commerce
at provincial and city levels) are responsible for examining the approved
contracts and articles of association on foreign investment, obtaining the
certificate of approval and conducting
the alternation.
3 . The industry
and commerce administration departments (provincial and municipal
administration for industry and commerce) are responsible for the name
checking, registration and business license gaining of foreign-funded
enterprises.
Investment Power
to Approve and Examine
1. The encouraged
and/or permitted projects with total investment over USD 100 million and
limited projects with total investment over USD 50 million shall be subject to
approval by the department authorized by the State Council.
2. The
encouraged and/or permitted foreign-funded projects with total investment from
USD 10 million to 100 million and limited projects shall be subject to approval
by provincial competent authority.
3. The encouraged and/or permitted
foreign-funded projects with total investment less than USD 10 million shall be
subject to approval by municipal competent authority.
Procedures
for Setting up Foreign-funded Enterprise
Procedure for
Foreign (region) Enterprises to Apply for Resident Representative Office in Shaanxi
For any foreign
enterprise which apply for establishing representative office, Shaanxi
Provincial Administration for Industry and Commerce shall handle registration
procedures, meanwhile, it shall be filled in Shaanxi Provincial Department of
Commerce.
Documents to be
prepared:
1) Application
form signed by president or general manager (including corporation profile,
purpose to set up resident representative office, personnel, business name,
scope, term of residence, offi ce address);
2 ) Fillin
Application Form for Establishment of Resident Representative Office of Foreign
Enterprises and Application Form for Personnel of Resident Representative Office
of Foreign Enterprises;
3 ) Duplicate of
lawful business certificate issued by concerned local authority;
4 ) Letter of attorney
of chief representative signed by president or general manager, resume and ID
card of chief representative;
5) Agreement on
leasing or purchasing foreign-related office place.
Registration in
other related departments:
If the
application from of foreign enterprises was approved and the registration
procedures were finished, resident representative office of foreign enterprise shall
provide approved certificate, license and representative certificate to such
departments as public security , taxation , customs, bank , exchange control
and foreign enterprise service for conducting relevant procedures.
Six steps for
Enterprise Registering Trade Mark
Trademark
registration was divided into 6 steps, with simple documents and fee of about
RMB 1,000 Yuan.
Preparation
Registration
form selection
One is to apply
for registration in local trade mark office of administration for industry and
commerce directly; the other is to entrust an experienced trademark agency.
Inquiry
Before
registration, you’d better choose an authoritative inquiry company that could
reduce risks and increase assurance on trademark registration, due to the possibility
of same or alike trademark from other registrants.
Preparing
materials
10 pieces of the trademark patterns (10
color trademark patterns with appointed color, and 1 pattern of black and white
manuscript), the length and width of which shall be no more than 10cm, and no less than 5cm. If trademark pattern has unclear direction, please mark the upside and downside with arrows. If the applicant is individual, please show ID card and submit
duplicate; if the applicant is enterprise, please show duplicate of business
license and submit duplicate. Moreover, both shall submit filled application
form on trademark registration with enterprise’s official seal or individual’s
signature.
Application
Applicant
identity
Trademark
registration applicant shall be enterprises and institutions, public
organization, privately-owned small business, individual partnership, foreigner
and foreign companies who signed agreement with China, or participate in
international treaty together with China or established with principle of
reciprocity.
Application
according to commodity and service classification
At present,
there are 42 varieties of commodity and service projects, including 34
commodity projects and 8 service projects. When applying for registration,
applicant shall confirm the commodity and service category of trademark
according to classification table; if the applicant shall use the same
trademark for commodity with different categories, he/she should put forward
application of registration according to different categories.
Application Date
Confirmation
Application date
is very important. China’s trademark registration adopts prior application
principle. Once you disputed with other enterprises on trademark right,
enterprise with prior application shall be protected by law. So, application
date confirmation is important, application date shall be subject to the date
when trademark bureau received application form.
The following
procedures are trademark examination, preliminary examination announcement and
registration announcement. It is emphasized that a trademark which has been
given preliminary examination and approval and no opposition is filled after
three months of public announcement, registration shall be granted, and the
trademark shall be protected by law. The period of validity of a registered
trademark shall be ten years, counted from the day the registration is approved.
When the period of validity of registered trademark expires and needs to
continue to use, an application for renewal of registration shall be made.
Obtain Trademark
Registration Certificate
After registered
, a trademark registration certificate shall be issued to registrant by
trademark bureau.
If the
application was made by agency, the agency shall send Trademark Registration
Certificate to registrant. If the application was made by registrant directly,
registrant, within 3 months after receiving the notice on getting trademark
registration certificate, shall go to trademark bureau to get trademark
registration certificate with letter of introduction, ID Card and duplicate,
original of duplicate of business license and copy with official seal of local industrial
and commercial department. If registrant changed, alternation evidence issued
by local industrial and commercial department is required.
Note: The period of getting a new trademark
from application to issuance shall be 1 year to 1 year and a half, of which,
application examined and preliminary examination shall be 1 month, substantive
examination shall be 4-5 months, objection period shall be 3 months and
approval announcement to issuance shall be 3 months.
Investment Forms
of Foreign Investor in Shaanxi
If invested into
Shaanxi, foreign investors could adopt the following forms:
1. Wholly
foreign-owned enterprise;
2. Joint venture
established together with domestic enterprises;
3. Contractual
cooperative business through signing contract with domestic enterprises;
4. BOT and TOT;
5. Equity
participation within the boundaries and purchasing partial stock rights and
production and management right;
6. Conducting
compensation trade, processing with supplied materials and assembling;
7. Leasing and
contracting domestic enterprises;
8. Purchase and
merger domestic small and medium-size enterprise;
9. Holding
company, investment company, stock company and multinational company conducted
by Shaanxi;
10. Loan to
domestic projects or enterprises;
11. Other
investment forms permitted by Chinese law.
Charge Item and
Standard on Handling Registration
(1) Production
cost of approval certificate
At examination
and approval of contract and constitution stage, examining and approving
organization shall charge foreign-funded enterprise RMB 20 Yuan for production
cost of approval certificate on each item.
(2) Name
registration fee
When
foreign-funded enterprise registers company’s name, industrial and commercial
organization shall charge RMB 100 Yuan as registration fee.
(3) Registration
fee
For the
registered capital of under RMB 10 million Yuan, industrial and commercial
organization shall charge 1‰ of registered capital. For the registered capital
of over RMB 10 million Yuan, the extra portion is charged at 0.5‰. The portion
exceeding RMB 100 million Yuan is not charged. The lowest registration fee is
RMB 50 Yuan and production cost of each duplicate of business license is RMB 10
Yuan.
Documents
Required
1) Project
application report;
2) Each
investor’s business license, latest audited enterprise financial statement and
a bank certificate of its credit worthiness;
3) Investment
intention, resolution of board of directors on capital increase, merge and
acquisition;
4) Those who
will finance with bank loans should issue bank financing intention;
5) Environmental
impact assessment proposal issued by environmental protection administrative
department;
6) Planned site
selection proposal issued by the planning departments;
7) Position
paper on prequalification of projected land use issued by the land and
resources administrations;
8) Confirmation
documents should be provided if the investment is provided in the form of
state-owned assets or land use rights.
The Documents
Submitted in Applying for Contract and Constitution Examination and Approval
1) Contract
documents (imported materials list, contribution list in kind, export agreement
of product and other appendix) and constitution signed by authorized
representatives of each party;
2) Available
business license or other certificate of legal person of each party;
3) Certificate
of credit worthiness of foreign investor;
4) Project
report (including capital, land, water, electricity and environmental
assessment certificate) and documents approved by development and reform
department;
5) Proposed name
list of members of board of directors assigned by each party, attached: a.
letter of attorney of members of the Chinese side (including member resume and
examination opinions of competent authority); b. letter of attorney of foreign
members.
Documents on
Registration to be submitted
1) Approval
document and certificate (origin of duplicate) of approving and examining
authority;
2) Project
application report and authorized document, contract, articles of association
and approval documents;
3) Available
business license or other certificate of legal person of each party;
4) Certificate
of credit worthiness of investor;
5) Name list of
members board of directors, appointment documents and ID Card of director,
general manager and vice general manager;
6) Certification
of corporation legal address;
7) Application form for enterprise
registration signed by president and deputy president.
Applying
Procedures for lnvestment Enterprise and Project
Documents to Be
Submitted for Investment
Sino-foreign
joint venture and cooperative business
Application for
Approval:
1. Instruction
of higher department of Chinese party for applying for approval;
2. Project
proposal of investor;
3. Letter of
intent signed by each investing party;
4. Opinions from
industry competent department on establishing project (partial industries);
5. Qualification
of a legal person (duplicate of business license) of each party.
Submitting
feasibility study report:
1. Instruction
of higher department of Chinese party for approving feasibility study report;
2. Project
proposal and replying documents;
3. Feasibility
study report signed by each party;
4. Qualification
of a legal person and certificate of credit worthiness of each party;
5. State-owned
enterprise of China shall provide asset appraisal report issued by state-owned
assets management department;
6. Opinions from
departments such as environmental protection, fire control, labor security and
sanitary facility;
7. Preliminary
examination or appraisal reports of project of related competent departments
(partial industries).
Contract and
articles of association and approved certificate application:
1. The
examination and approval of higher authority of Chinese side on contract and
Articles of Association of investment enterprise;
2. Project
proposal and replying document;
3. Feasibility
study report and replying document;
4. Contract,
articles of association and related accessories signed by China and foreign party;
5. Certificate
of legal person and credit worthiness of each investor;
6. Imported
device list;
7. Name List of
board of directors and appointment of members and the identity certificate of
above said personals
8. Corporation
name approval notice issued by department of industry and commerce;
9. State-owned
enterprise of China shall provide asset appraisal report issued by state-owned
assets management department;
10. Other
required documents.
Foreign-funded
enterprise (wholly foreign-owned enterprise)
Application for
Approval:
1. Feasibility
study report;
2. Certificate
of legal person of foreign investor (overseas individual investor shall provide
ID certification);
3. Certificate
of credit worthiness of foreign investor.
Submitting
articles of association and applying for approval certificate:
1. Feasibility
study report and written opinions of related departments;
2. Application
form for setting up foreign-funded enterprise;
3. Articles of
Association of foreign-funded enterprises;
4. Certificate
of legal person of foreign investor and certificate of credit worthiness;
5. Balance sheet
for the past three years;
6. Imported
device list;
7. Name List of
board of directors and appointment of members, and the identity certification
of above said personals;
8. Name approval
notice of foreign-funded enterprise issued by department of industry and
commerce;
9. Other
required documents.
Industry and
Commerce Registration of Foreign-funded Enterprise:
1. Application
form of foreign-funded enterprise;
2. Application
form on registration signed by the president of foreign-funded enterprise;
3. Feasibility
study report;
4. Application
form on establishing foreign-funded enterprise;
5. Contract,
articles of association, approved documents and approval certification of
foreign-funded enterprise;
6. Certification
of legal person and credit worthiness of each investor;
7. Name List of
board of directors and appointment of members, GM and VGM and the identity
certification of above said personals;
8. Place leasing
document;
9. Other
required document.
Form of
Contribution:
Establishing
foreign-funded enterprise, except for cash investment, investor also could
contribute by means of workshop, equipment, other materials, land-use rights,
industrial property and proprietary technology. The price shall be negotiated
referring to international market price according to fair and reasonable
principle, or be evaluated by specialized institution agreed by all cooperative
parties.
Ratio between
investments:
Amount of
investment of foreign investor in Sino-foreign joint venture (cooperative
business) shall not be less than 25% of registered capital.
(iii) Reference Prices of Basic Elements
Price of Labor
Force
Average Annual Salary Level by Industry
Reference
Price Table of Railway Freight
Basic Price List of Xi’ an State-owned Land Unit:
Yuan/m2 (10,000 Yuan/Mu)
Wholesale
Price List of Electric Power in Shannxi Province
Natural
Gas Price List of Shaanxi Province (executed as of March 15,2006)
Unit: Yuan/m3
Xi’
an Tap Water Sales Price List
Unit:
Yuan/m3
Note: Special industry refers to vehicle
washing, wedding dress photograph, hairdressing, sauna,
surf, foot-bath, taproom, tea house, coffee
house, singing & dancing hall, Kara-Ok, Indoor
Swimming, and water entertainment.
(iv) Key
Investments
Economic society
of Shaanxi province focuses on four big base constructions, and coordinates
regional economic development. According to local conditions and characteristic
principals, it builds up the advantage complementary and economic coordinated
development regional pattern. It is also form four investment hotspot. The four
bases are:
“One Line and Two Belts ” in Guanzhong
Taking Xi’an as center, Longhai Railway and Baotong Expressway as axes, the province develops
high-tech industry and manufacturing in national Guanzhong high-tech
development belt and national Guanzhong Star Industry belt. It takes line to
chain spot and takes spot to promote the side in order to build technical base
and industry base( including 5 industrial engineering: electronic information,
software and software export, biopharmaceuticals, aircraft manufacturing and
high-tech demonstration), and forms an industry economic system charasteristic
of high-tech.
“ One Line and Two Belts” includes five cities and one district in
Guanzhong(Xi’an ,
Xianyang , Baoji , Weinan, Tongchuan, Yangling). It concentrated 80% of scientific force, 75% of
GDP in Shaanxi province. It includes 4 national development zones and one
national export processing zone.
Shanbei Energy
Chemical Industry Base
The construction
of Shanbei Energy Chemical Industry Base withholds the “Three Transformation”,
and creates “4 industry chain”, and adopts comprehensive water-saving measures.
The four industrial chains includes a coal-electricity-energy industry chain, a
coal-oil chain, a coal-salt chemical industry chain and an oil-gas chemical
chain.
Shannan Modern
Traditional Medicine Industry Chain
Giving full play
of resources and environment and taking market as orientation , Shannan is
speeding up modern traditional medicine industry base construction,
hydro-electric development, ecological tourism resources and actively develop
the livestock, tea, silkworm and fruit industry.
Weibei Green
Fruit Base
It focuses on improving fine-fruit rate,
transferring rate and export rate and expanding the market share of Shaanxi apple, and will build the largest fruit base in China.
IV . Development
Zones
(i) National
Development Zone
Xi’an National
High-Tech Industrial Development Zone (hereinafter referred to as XTDZ) is a
national high-tech development zone approved in the first batch by the State
Council. There 1,883 enterprises were confirmed as high-tech enterprises and it
accumulatively has over 6,000 technological achievements, of which 1,009 has
been included into national industrial plan. It ranked the first among the
whole country. XTDZ has created 2 international standards and 72 national and
industrial standards.
At present, XTDZ
has become one of the areas featuring better investment environment, high
marketilization and the most active economy in west part of China. It has become a window of Xi’an and Shaanxi’s economic growth and opening up, and an
important base of developing high technologies.
http://www.xdz.com.cn/
Xi’an Economic
Technology Development Zone was approved by the State Council as a national
economic technology development zone in February 2000. After 10 years’
development, the development zone gradually formed extroverted modern industry
park and city new zone, which has become an investment hotpot at home and
aboard. In recent years, the economic indices of the develop zone is increasing
at a speed of about 40%. It becomes a model in the functions of collecting
industry and attracting foreign capital.
http://www.xetdz.com.cn
Baoji High-tech
Zone is a national high-tech industrial development zone approved by the State
Council in November 1992. It can be divided into two parts. the Technology Incubation Park and the New District. The development area in the middle and
future plan is 40 km2. After 12 years’ effort, Baoji High-tech Development Zone has become an area featuring perfect auxiliary facilities, obvious
environmental advantageous scientific enterprise accumulation in Baoji.
http://www.bj-hightech.com
Yangling
Agricultural High-Tech Industries Demonstration Zone, founded in July 29, 1997,
is the only national agricultural high-tech industry development zone. After 6
years’ efforts, Yangling Demonstration Zone has become the increasing point
with most development potentials and the bright spot of West China Development.
It has become one of ten largest industry parks approved of opening to The
Asia-Pacific Economic Cooperation, one of key –supported high-tech industry
zones, and one of six agricultural cooperation test zones of Taiwan and Mainland.
Yangling is the
birthplace of the Chinese agricultural civilization and is famous for
agricultural-technology. Situated in the hinterland of 800-li Qinchuan plain,
Yangling enjoys an advantageous geographic position and convenient traffic
condition. It has a total population of 140,000 and total land area of 94 km2. The newly-built district has a planned area of 22.12 km2. Yangling boasts of powerful agriculture, forestry, animal husbandry technology force, with over 70 subjects about over 5,000 talents. Since the establishment of
the People’s Republic of China, the scientific research achievements
accumulated to over 5,000 items, which created economic benefits of over RMB
250 billion Yuan and made a great contribution to agricultural development of
our country. It has reached the advanced level in such fields as wheat
breeding, dry farming and water-saving agriculture, plantation protection, soil
fertilizer, animal reproductive endocrinology and embryo engineering, water
conservancy treatment, desertification treatment, forestry cultivation,
gardening, plant resource protection, development and comprehensive use and
part of them reached international level.
http://www.ylagri.gov.cn
(ii) Development Zone at Provincial Level
(iii) Relevant
Departments
Foreign-Oriented
Service Institutions in Shaanxi Province
Shaanxi Provincial Foreign Investor Service Institute
Appendix:
Well-known Hotels and Restaurants
Hotels
and Restaurants in Shaanxi Province
Consulting
and Complaint Telephone of Xi’an