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Shaanxi Service Platform for Foreigners | Frequently Asked Questions for Foreign

Release time:2021-10-22    |    Number of views:

1. How many shares are held by foreign investors in a listed company, which is still called a foreign company or a Sino-foreign joint venture?


According to the "Foreign Investment Law", foreign investment refers to the direct or indirect investment activities of foreign natural persons, enterprises or other organizations (hereinafter referred to as foreign investors) in China, including the following situations: foreign investors alone or jointly with other investors Establishing foreign-invested enterprises in China; foreign investors acquiring shares, equity, property shares or other similar rights and interests in domestic enterprises; foreign investors individually or jointly with other investors investing in new projects in China; laws, administrative regulations or the State Council Other forms of investment as required. A foreign-invested enterprise refers to an enterprise that is wholly or partly invested by foreign investors and registered in China in accordance with Chinese laws.


2. In addition to changes in industrial and commercial registration, when a wholly foreign-owned enterprise needs to transfer its equity, is there any other government approval or filing procedures? Are the "Regulations on Doing a Good Job in the Change of Investors' Equity in Foreign-invested Enterprises" still valid?


According to the "Foreign Investment Law" and its implementation regulations, the commerce department no longer requires approval and filing for the establishment or change of foreign-invested enterprises. Foreign investment shall conduct mandatory information reporting in accordance with the requirements of the "Foreign Investment Law" and its implementing regulations and the "Measures for Reporting Foreign Investment Information".


The "Regulations Regarding the Change of Stock Rights of Investors in Foreign-invested Enterprises" has been repealed.


3. Can foreigners serve as customs brokers in Chinese companies?


There are no requirements for the nationality of customs brokers.


4. Are foreigners allowed to become directors or supervisors of private non-corporate units?


Currently, there are no provisions prohibiting this in relevant laws and regulations.


5. Can foreigners apply for patents in China?


Foreigners, foreign companies and other foreign organizations that have a domicile or business place in China are protected by patent rights. Under the protection of patent rights, they have the same right to apply for patents as Chinese citizens. Foreigners, foreign companies, or other foreign organizations that do not have a domicile or place of business in China may apply for patents in China in accordance with the provisions of the Patent Law in any of the following circumstances.


(1) Bilateral agreements between China and the foreigner’s home country or any international treaties to which they have joined provide for equivalent patent protection.


(2) In the absence of bilateral agreements or international treaties, foreign patent laws have granted patent protection to Chinese citizens.


6. In addition to visa-free entry based on mutual agreement and 24/72/144-hour visa-free entry, what other types of visa-free entry?


(1) Those who hold a valid APEC business travel card. The APEC business travel card is equivalent to a multiple-entry visa valid for 5 years. Cardholders can enter China with a valid passport consistent with the card during the validity period of the travel card. The duration of each stay can reach 60 days or 90 days.


(2) Citizens of countries with diplomatic relations with China, holding ordinary passports to travel to Hong Kong or Macau, and participating in tours organized by travel agencies registered in Hong Kong or Macau to the Pearl River Delta region for a stay of less than 6 days, do not need to apply for a visa. The Pearl River Delta region refers to the following cities. Guangzhou, Shenzhen, Zhuhai, Foshan, Dongguan, Zhongshan, Jiangmen, Zhaoqing and Huizhou. These policies are also applicable to group trips to Shantou and out of Shantou directly, and the scope of activities does not exceed the administrative area of Shantou.


(3) Citizens of the following countries with ordinary passports, if they participate in a tour group (more than 5 people) organized by an international travel agency registered in Hainan Province and approved by the China National Tourism Administration to travel to Hainan Province and stay for no more than 15 days , Visa-free. United States, Malaysia, Thailand, South Korea, Philippines, Indonesia, Germany, United Kingdom, France, Austria, Italy, Russia, Switzerland, Sweden, Spain, Netherlands, Canada, Australia, New Zealand, Finland, Denmark, Norway, Ukraine, Kazakhstan, Japan ,Singapore. Among the listed countries, tourists from the Republic of Korea, Germany and Russia can stay for 21 days if their group includes two or more people.


(4) Singapore, Brunei and Japanese citizens holding ordinary passports can enter China visa-free, provided that they travel to China for tourism, visit relatives, business or transit, and intend to stay in China for no more than 15 days.


(5) Tourist groups from 10 ASEAN countries (Malaysia, Thailand, Indonesia, Vietnam, Cambodia, Laos, Myanmar, Singapore, Brunei, and the Philippines) organized by the tourism service agency approved by the Guilin Tourism Bureau travel to Guilin. The stay time varies. For more than 6 days, you do not need to apply for a visa, and you can directly exit/enter at Guilin Airport.


7. Can a person with a foreign permanent residence ID card enter China without a visa?


Holders of a valid "Permanent Residence Permit for Foreigners of the People's Republic of China" can stay in China and enjoy the right to enter and exit multiple times without requiring a separate visa.


8. What materials do foreigners or foreign companies need to provide for trademark registration in Mainland China? Do these materials need to be translated into Chinese? What is the procedure for registering foreign trademarks through the online service system and how to operate?


If the applicant is a legal person or other organization in Hong Kong, Macau, Taiwan or other countries, a copy of the registration certificate of the region or country to which it belongs should be submitted.


A copy of the registration certificate of a foreign company's office or resident representative office in China should not be used as an ID card.


If the document is in a foreign language, the Chinese version should be attached. Otherwise it will be considered invalid.


Please visit the website of the Trademark Office of the State Intellectual Property Office of China (http://sbj.cnipa.gov.cn) and log on to "Trademarks for Goods and Services" under "Trademark Application Guidelines" for more detailed information.


If the applicant wants to submit an application for Madrid international registration through the online service system, he should register and log in to the online trademark application system, fill in the information as prompted on the website and upload the materials to the "International Registration Application" column.


9. What's in the Chinese visa?


The registration items for a Chinese visa are as follows:


Type of visa, name of the holder, gender, date of birth, entry, validity period of entry, length of each stay, date of issuance, place of issuance, passport number or number of other international travel certificates.


10. What are the requirements for foreigners to apply for work permits in China?


Basic requirements for domestic employers:


Enterprises employing foreigners should be established in accordance with the law and have no records of serious violations of laws and credit defaults. The job position should have special requirements for foreigners, there is no suitable candidate in the country for the time being, and it does not violate relevant Chinese laws. Wages should not be lower than the local minimum wage standard. Moreover, if required by laws and regulations, employers should apply to relevant departments for approval in advance.


Basic requirements for applicants:


Foreign applicants should be at least 18 years old, in good health, and have no criminal record. They should find an employer in China and have the specific skills or corresponding knowledge required for the job. Work should meet the needs of China's economic and social development, and employees should be technical talents that are urgently needed in China. Where laws and regulations have other provisions on foreigners working in China, these provisions shall prevail.


11. What is the procedure for hiring foreigners to work in China (working in China for more than 90 days)?


(1) Employers or trustee agencies should register an account on the website of the Foreigner's Work Service System in China, submit a permit application and print out the "Notice of Foreigner's Work Permit in China".


(2) Foreigners can apply for a Z, F or R visa at the local Chinese embassy or consulate with the "Notice of Foreigner's Work Permit in China" and other required materials.


(3) Employers can apply for the "Foreigner's Work Permit Card" online within 15 days after the foreigner enters the country with a valid visa, and obtain it from the local department responsible for foreigners' work in China.


(4) Foreigners holding a valid visa shall apply for a work-type residence permit at the entry-exit management agency of the local public security organ within 30 days after entering the country.


12. Can a foreigner apply for Chinese nationality as the spouse of a Chinese citizen?


According to the Nationality Law of the People's Republic of China, foreign citizens or stateless persons who are willing to abide by the Chinese Constitution and laws and meet one of the following conditions can be naturalized upon approval:


(1) They are close relatives of Chinese citizens;


(2) They have settled in China;


(3) They have other legitimate reasons.


Foreigners who apply for naturalization as the spouse of Chinese citizens should apply to the entry-exit administration department of the Public Security Bureau where their Chinese relatives are located, and submit international travel documents, marriage certificates, and residence certificates in China for approval by the Ministry of Public Security. The residence certificate in China refers to the foreign permanent resident ID card.


According to the "Administrative Measures for the Examination and Approval of Foreigners' Permanent Residence in China", foreign spouses of Chinese citizens can apply for permanent residence in China if they meet the following conditions:


(1) They have been married for at least five years;


(2) Have lived in China continuously for at least 5 years, and the annual residence time is not less than 9 months;


(3) They have a stable source of livelihood and residence.


They can visit the website of the National Immigration Bureau of the Ministry of Public Security for further information about the application materials.


13. Can two foreign nationals register their marriage in China?


According to the regulations of the Department of Social Affairs of the Ministry of Civil Affairs, two foreigners cannot register their marriage in China's civil affairs department.


14. Why are there different types and categories of visas in China?


The visa is the basis for the activities that the holder can engage in in China. According to Chinese laws and regulations, consular officials decide what type of visa to issue to the applicant based on the applicant's personal identity and the purpose of visiting China.


15. What is the relationship between the length of stay and the validity period of the visa?


The length of stay refers to the maximum length of time a visa holder is allowed to stay in China from the date of each entry into China.


Visa holders are eligible to enter China at any time before the end of their validity period (even before 24 o'clock on the last day of their validity period), provided that the authorization items on the visa have not been used up. Once the validity period has passed, the length of stay is no longer useful.


16. How can I extend the stay time of a Chinese visa?


Some types of visas can be extended. You can apply to the local public security agency at or above the county level to extend your visa stay before the expiration of your stay. Overstaying will violate Chinese law and will be punished.


17. What is the best time for me to apply for a Chinese visa?


It is recommended that you apply for a visa one month before the scheduled entry date, and not three months before the scheduled entry date. If you apply too early, your visa may expire before the date you intend to leave China; but if you apply too late, you may not be able to obtain the visa in time before your scheduled departure date. For example, if you plan to enter China on July 1, the best time for you to submit your visa application is early June. If you need courier service or expedited service, you will be required to pay an additional visa fee plus courier service fee or expedited service fee.


18. Where do I apply for a Chinese visa?


If you are an ordinary passport holder in your country, please submit your application to the Chinese Visa Application Service Center. However, applicants who hold diplomatic and service (official) passports or are eligible to apply for Chinese diplomatic, courtesy and service visas, as well as applicants for visas/entry permits to the Hong Kong and Macau Special Administrative Regions of China, should still apply directly to the Chinese Embassy Application.


19. Can I apply for a visa online?


Currently, you cannot apply for a visa via the Internet, but you can complete your application form online.


20. I want to drive my own vehicle to travel in China. What type of visa should I apply for?


You should apply for an L visa for special travel. Special tours include: climbing, self-driving, hiking, biking, horseback riding, hot air ballooning or other adventure activities. You need to provide a visa notification issued by the China National Tourism Administration or the tourism bureau of the relevant province, autonomous region, or municipality directly under the Central Government.


21. What type of visa should I apply for?


It depends on the purpose of your visit.


22. How long should I apply for a visa in advance?


It is recommended that you submit your application one month in advance of the planned entry date. Applying too early may cause the visa to expire and eventually become unusable, but if you submit your application too late, you may not have enough time to process the application.


23. What measures does China have to promote foreign investment?


Investment promotion refers to a series of activities adopted by the government to attract foreign direct investment.


Investment promotion includes the following types of specific activities: advertising, direct mail, investment seminars, investment groups, participation in industry fairs and exhibitions, distribution of materials, one-to-one direct marketing, preparation of agendas for potential investors, promotion of potential investors and Interaction with local partners, obtaining licenses and approval documents from various government agencies, preparing project proposals, conducting feasibility studies, and providing services to investors after the project starts operations.


Investment promotion does not include providing incentives to foreign investors, screening foreign investments or negotiating with foreign investors, although many organizations responsible for investment promotion activities also carry out such activities.


24. Who is eligible to work in China as a foreign expert?


The term "foreign experts" refers to foreign professionals who, at the invitation of the Chinese government or enterprises, institutions, multinational companies or other organizations, are engaged in work deemed important to the country's economic and social development in China.


The following foreign professionals are eligible for foreign expert status in China:


1). Technical or managerial personnel--according to the specific requirements of the agreement between the government or international organization.


2). Professionals specializing in education, scientific research, news media, publishing, culture, art, health, sports and other fields.


3). Senior technical or management professionals, with the level of deputy general manager or above-or similar level.


4). Representatives of overseas organizations or institutions shall be recognized by the State Administration of Foreign Experts Affairs.


5). Professionals who specialize in the fields of economy, technology, engineering, trade, finance, accounting, taxation and tourism-with special expertise required by China.


25. Which department is responsible for these foreigners working in China?


According to the "Regulations on the Administration of Employment of Foreigners in China", the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and authorized prefecture-level labor and social security administrative departments are responsible for foreigners employed in China.


Foreigners here refer to persons who do not have Chinese nationality in accordance with the provisions of the Nationality Law of the People’s Republic of China; “foreigners employed in China” here refer to those who engage in social labor and obtain labor compensation but have not obtained the right of abode in China in accordance with the law. foreigner.


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