PROCEDURE FOR FOREIGN INVESTORS TO ENTER CHINA
Visa:
Foreign investors who wish to visit China for business may approach Chinese partners directly with purpose and time of the visit The Chinese partner can apply for visa notification on behalf of the foreign investors at a local foreign affairs organization if the visit is acceptable. Once foreign investors have received the visa notification from Chinese domestic authorized organization, the foreign investors may apply for entry visa to China at a local Chinese embassy or consulate.
Apply for Employment License, Expert Certificate, Residence Certificate:
A foreign invested enterprise, which is intending to employ expatriates, may apply for "the employment license for the expatriates at the People's Republic of China" (hereinafter referred to as employment license) at the Shanghai Labour & Social insurance Bureau with the following documents: company business license, certificate of approval for setting up enterprise, application report, and the expatriates' personal documents. With the employment license the enterprise may apply for profession visa notification at Shanghai Municipal Foreign Economic Relations and Trade Commission (SMERT), which is authorized by the Ministry of Foreign Affairs of the People's Republic of China. The expatriates can apply for profession visa to entry into China at a local Chinese Embassy with the fax copy of profession visa notification and the employment license. After entering China, the expatriates can apply for employment certificate at Shanghai Labour & Social Insurance Bureau with the following documents: profession visa, employment license, employment contract, health certificate and photos of the expatriates within 15 days. With the employment certificate, the expatriates can apply for residence certificate at the Division of Exit and Entry Administration of Shanghai PUblic Security Bureau.
If a foreign-invested company will hire employees from Hong Kong, Macao and Taiwan, the company shall submit its application to the Office of Administrating the employment of the personnel from Hong Kong, Macao and Taiwan set up in Shanghai Labor and Social Insurance Bureau. The Employment License for the Personnel from Hong Kong, Macao and Taiwan will be issued after the application has been examined and approved by above-mentioned Bureau and the personnel from Hong Kong, Macao and Taiwan shall apply for the residence certificate with the Division of Exit and Entry Administration set up in Shanghai Public Security Bureau on the strength of the Employment License.
Shanghai agents, which provides service to foreign enterprises for establishing representative offices in Shanghai, can go to SMERT to apply for profession visa notification for the chief representative and representatives on behalf of the foreign enterprise. After receiving the profession visa notification, the chief representative and representatives may apply for profession visa at a local Chinese embassy or consulate for entering into China. Upon entering China, they can apply for work permit certificate at Shanghai Commercial and Industrial Administration Bureau. The representatives can then go to Shanghai Labour & Social Insurance Bureau to apply for employment certificate with the following document: profession visa, work permit certificate, health condition certificate, photos. Then they can go to Shanghai Public Security Bureau to apply for residence certificate.
PROCEDURE FOR ESTABLISHING RESIDENTIAL REPRESENTATIVE OFFICES IN SHANGHAI BY OVERSEAS ENTERPRISES
To foster the development of international economic and trade relations, overseas enterprises can establish residential representative offices in Shanghai upon application and approval.
1. Submitting application
An overseas enterprise which is desirous of establishing a residential representative office in Shanghai may entrust an agency authorized by Shanghai Municipal Foreign Economic Relations & Trade Commission to handle this business in Shanghai to submit application on its behalf for establishing a residential representative office to the Shanghai Municipal Foreign Economic Relations & Trade Commission.
2. Documents required for application
The applicant shall complete "The Form for Establishing Residential Representative Office by Overseas Enterprises" and present the following documents:
(1) An application duly signed by the chairman of the board or general manager of the foreign enterprise with such details as the name of the residential representative office, names of the persons-in-charge, its scope of business, residential duration and its address, etc;
(2) A legal business certificate issued by competent authorities of the country or region where the applicant is located;
(3) A letter issued by a bank which has business relations with the applicant testifying to its financial and credit standing;
(4) Power of attorney issued by the applicant for the staff of its office and their curriculum vitae.
3. Examination and approval
The Shanghai Municipal Foreign Economic Relations & Trade Commission will examine the application of overseas enterprises for setting up residential representative offices in Shanghai. If the establishment is deemed necessary the Shanghai Municipal Foreign Economic Relations & Trade Commission will issue the certificate to the applicant upon approval.
4. Registration
With the certificate of approval and all the documents referred to in section 2, the applicant can register its residential representative office with the Shanghai Administration for industry and Commerce to obtain a registration certificate as well as a representative card.
