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Published: 04 Nov 2008 03:34:23 PST

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China

Operating a business

Setting up a company

Legal business entities

Different types of companies Number of partners/shareholders Maximum and/or minimum capital Liabilities Registration fees
Equity Joint Venture, EJV One or more foreign partners and one or more Chinese partners Minimum 25% foreign capital share. Limied to the amount of contributions.
Wholly foreign-owned enterprise, WOFE 100% foreign owned company.

Minimum a partner.

No minimum capital. Limied to the amount of contributions.
Co-operative joint ventures, CJV Minimum 2 partners. No minimum capital. Limied to the amount of contributions.
Foreign investment joint stock company, JSC Minimum 2 partners. 5m Rmb, 30 Rmb if foreign capital Each shareholder contributes the same amount to the share capital and is linked to the company by its share of the share capital.
Holding Minimum 1 partenaire. minimum de 30m USD Each shareholder contributes the same amount to the share capital and is linked to the company by its share of the share capital.

Business setup procedures
For drawing up articles of association, no specifics have been indicated. The capital and the articles of association must be registered with the Provincial Office of Trade and Industry. Deposit of the articles of association and registration are done at the Trade Register. The Business plan must be approved by the authorities before the company can be set up.
The competent organization
Ministry of Commerce

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Working conditions

Legal weekly duration
40 hours
Retirement age
55 years for women and 60 years for men.
Working contracts
Legal provisions govern the work contracts, the collective agreements and the individual negotiation supplement them.
Employment contract and recruiting conditions formalities are strict, which is not so for dismissal constraints which are rather flexible.
There are 3 types of contracts: the permanent contract, the fixed term contract and the contract for the project.

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Cost of labor

Minimum wage
No legal minimum salary.
Average wage
10,990 RMB

 

Social contributions
Social security contributions paid by employers: 60%
Social security contributions paid by employees: 11%

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Social partners

Bargaining power
The Chinese Communist party recognises only one trade union: "the All China Federation of Trade Unions" (ACFTU). The ACFTU is not an independent trade union, it thus cannot be the voice of the workers.
Unions
All China Federation of Trade Unions (ACFTU)
Unionization rate
Labor regulation bodies
Ministry of Employment

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Source: FITA

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