Chinese Visas

People’s Republic of China (PRC) or China as it is popularly known, claims to be the world’s seventh largest economy and the second largest country in the world to lure foreign investment. China’s economy, which is based on the pattern of socialist market system, has made significant achievements in economic construction and social development due to the sweeping economic reforms since 1978. Our highly qualified, experienced and professionally trained Immigration Attorneys at Korenberg, Abramowitz, Raj & Mathi assist you in securing the complete array of Chinese visas besides facilitating company incorporation in China.

DOCUMENTS REQUIRED FOR CHINESE BUSINESS VISA:

The Chinese Business visa is termed as “F” visa.

Invitation Letter from China:

An invitation letter formally drafted by the business partner (host organization) in China explaining their business activities, duration of the business trip and a confirmation of guarantee for the costs of the stay .The letter of invitation can be sent either by fax or courier.

Documents from India:

1. Letter from Indian Employer: A covering letter from the Indian employer in the company letter head addressed to the visa office mentioning the period you are employed with the company, the nature of business, period of the business trip and the company to be visited.
2. Proof of Employer’s Income: Bank Statements, evidence of liquid funds, Chartered engineer’s valuation for immovable property, Income tax returns, Chartered Accountant’s statement, etc. of the company in India.
3. Duly filled visa application form.
4. 1 recent passport size photograph showing full face in light background.
5. Indian passport valid for a period of at least six months with sufficient blank pages.
6. Evidence of Return: Valid airline ticket, Letter from employer to that effect, etc.
7. Current Visa Fees: The visa fees must be paid in DD favouring “Chinese Embassy, New Delhi”. Applicant has the option to choose for normal or urgent delivery of visa. However, urgent service is allowed only for special cases.
   

Single Entry – Rs. 1000/- (normal), Rs. 1900/- (urgent); Double Entry – Rs. 1500/- (normal), Rs. 2400/- (urgent); Multiple Entry for half year – Rs. 2000/- (normal), Rs. 2900 (urgent); Multiple Entry for one year – Rs. 3000/- (normal), Rs. 3900 (urgent).
Check http://www.chinaembassy.org.in/eng/lssw/hzqz/t61662.htm for visa fee.

N.B.: Normally, applicants holding a Letter of Invitation from a host organization in China may apply for either single or double entry visa. Applicants holding Original Visa Notification from the Provincial Authorities in China i.e. Foreign Affairs Office or Foreign Economic Relations and Trade Commission with a multiple entry visa notification may apply for a multiple entry visa.

DOCUMENTS REQUIRED FOR CHINESE EMPLOYMENT VISA:

Chinese Employment visa is known as “Z” visa. As a prospective employee opting to work in China s/he must possess the following qualities:

• Must be at least 18 years of age.
• Must be in good health condition.
• Must possess the professional skills and job experience entailed for proposed employment.
• Must not have any criminal record.
• Must have a definite employer.
• Must hold a valid passport or other international travel document in lieu of a passport.

Documents from China:

For an employment visa, the employer in China has to submit the completed application form together with the requisite documents on behalf of the foreign employee to the competent trade authorities related to that particular industry. On approval from the trade authorities, the application has to obtain the consent of the local labour department, which is empowered to issue an employment permit. A visa notification letter along with the employment permit will be sent directly to the employee.

Documents from India:

Upon receipt of the visa notification letter and the employment permit, the employee may apply for an employment visa through the Chinese embassy in the worker’s country of residence. The under mentioned documents are essential for submission –

1. The Employment Permit or Employment License issued by the Ministry of Labour and Social Security, Govt. of China or Foreign Specialist’s License issued by the Foreign Specialist Bureau, Govt. of China.
2. Visa notification letter issued by the Foreign Affairs Office.
3. Employment Contract or Letter of Appointment from the employer in China mentioning the nature of the employment, designation of the employee, the period of employment and the remuneration of the employee.
4. Health Certificate issued by a doctor from one of the Indian Govt. Hospitals.
5. Employee’s latest curriculum vitae.
6. Copies of Academic records and qualifications.
7. Testimonials or Reference Letter obtained from previous employers.
8. Completed visa application form.
9. 1 passport size photograph showing full face with light background.
10. Original Indian Passport with validity of minimum 12 months and sufficient blank pages.
11. Visa fee to be paid in DD favouring “Chinese Embassy, New Delhi”

Single Entry – Rs. 1000/- (normal), Rs. 1900/- (urgent); Double Entry – Rs. 1500/- (normal), Rs. 2400/- (urgent); Multiple Entry for half year – Rs. 2000/- (normal), Rs. 2900 (urgent); Multiple Entry for one year – Rs. 3000/- (normal), Rs. 3900 (urgent). Though there is provision for urgent visa delivery service, it is permitted only to certain special cases.
Check http://www.chinaembassy.org.in/eng/lssw/hzqz/t61662.htm for visa fee.

INCORPORATING A COMPANY IN CHINA:

To set up a company in China, the foreign investor can decide from the following corporate structures –

1. Representative Office (RO): Representative Office is an office of a foreign enterprise established in China for undertaking business liaison work, market surveys for internal purposes, technology exchanges and support local distributors / sales teams on behalf of its parent company. Company applying for setting up RO has to be minimum 1 year old. RO is not a separate legal entity hence no minimum share capital is required. It cannot carry out direct revenue earning business activities, however, it attracts tax liability. RO can hire local staff provided through the Foreign Enterprise Service Corporation (FESCO) in China. A Chief Representative is to be appointed.

Documents Required:

• Applicant’s Company: Certificate of Incorporation, Members’ register, Director’s Register, Latest filed return to Registrar of Companies, Latest tax return filed to the Tax Department, Company profile and purpose of setting up RO, Minutes of the Board Meetings to set up RO, Minutes of the Board Meetings to authorize Chief Representative, Bank Reference Letter.
• Chief Representative: Copy of the passport, Photos, Current Curriculum Vitae or Resume.
• Application Letter: Addressed to Foreign Economic Relations & Trade Commission and Administrative Council of Industry & Commerce .

2. Wholly Foreign Owned Enterprise (WFOE): Wholly Foreign Owned Enterprise is a limited liability company wholly owned by foreign investors. It has legal entity status of its own. Initially, it was conceived to encourage manufacturing activities connected with export or advanced technology. However, with China’s entry into the WTO, WFOE is increasingly used for service providers and trading for certain cases. The minimum authorized capital for a WFOE with nature of trading is US$ 200, 000. While the board of directors is responsible for corporate decision making of the WFOE, a general manager is appointed for the day-to-day management of its affairs.

Documents Required:

• 3 names in the order of preference
• Project Proposal (purpose, business scope, period, investment amount, among others)
• Bank Statement of the Credit
• Certificate of Registration and Testimony
• Statement on the Products and Technologies
• Duplicate of Confirmation Letter of the 3 Applied Company Names
• Report on Feasibility Study
• Memorandum & Articles of Association
• A Name list of the Board and Senior Executives
• List of Equipment to be Provided (if any)
• Passport or Residential Card of the Legal Person
• Lease Agreement or Purchasing Contract of Company Premises
• Certificate of Property of the Lessor
• Authorization Documents for the Board and Senior Executives
• Two Photos of Legal Person and Two Photos of Contact Person
• Other Documents (relevant authorities may require additional documents as per specific cases)

3. Joint Venture (JV): China recognizes two forms of Joint Ventures namely Equity Joint Ventures and Cooperative Joint Ventures.

• Equity Joint Venture (EJV): The Equity Joint Venture is structured in the form of a limited liability company wherein the foreign partner is expected to contribute at least 25 % of the registered capital. However, usually no upper limit is fixed on the foreign partner’s contributions except where Chinese law requires the Chinese partner to have a maximum ownership for certain restricted industries.
  In EJVs, the profit is shared in the ratio of capital contributions made by the respective partners. The partners to an equity joint venture have joint management of the venture. They are responsible for appointing the board members, and representation is in proportion to each party’s respective ownership interest in the venture.

  Cooperative Joint Venture (CJV): Cooperative Joint Ventures can be structured either as a limited liability company or as a non-legal person, in which the partners are subject to unlimited liability and thus entirely liable for any losses the joint venture may incur. However, most of the CJVs are formed as limited liability companies where the CJV will own all of the venture’s assets, but the liabilities of the investors would be limited to their investment contributions.
  A CJV operating as a limited liability company is required to appoint the board of directors or a joint management committee, which will make all major decisions and oversee the management of the company. Unlike an equity joint venture, profit sharing and representation on the board of directors is not required to be proportionate to each party’s contribution.

Presently, the legal system in China and the business climate are changing in favour of Wholly Foreign Owned Enterprises and the restructuring of joint ventures into WFOEs, which is legally permitted. However, you would be the best judge to choose the company structure that fits into your criteria.

Latest News:

CHINA TO LIBERALIZE VISA REGIME

Disclaimer:
Any information on this website should not be construed as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon as being specific.