How to set up a logistics company?

1. Several property rights models established by logistics companies.
A: Logistics service demand enterprises have the following property rights models for their own logistics systems: (1) Establish their own logistics system, which is completely controlled by the enterprise itself. All logistics resources belong to the enterprise. This is the most traditional enterprise to yourself. The way to control logistics resources. (2) Completely outsourcing its own logistics service, and the third-party logistics is fully responsible for establishing and operating the enterprise's logistics system, and the enterprise itself no longer has logistics resources. (3) The enterprise and the logistics company jointly establish a third-party logistics company, and the company is fully responsible for the logistics operations of the enterprise. At this point, the logistics company generally exercises the power to operate the third-party logistics company established by the joint venture. The enterprise has a certain controlling interest in the new company and participates in the operation to a certain extent.
2. How do third-party logistics companies position themselves by taking possession of resources?
A: Taking possession of resources as the standard, logistics enterprises can be divided into the following categories: First, enterprises that have the logistics resources required for all logistics processes. Such enterprises can complete the entire logistics service without having to purchase logistics services from the society. Logistics operations, in fact, such logistics enterprises rarely exist; followed by logistics enterprises that occupy part of the logistics resources, after receiving the commission, they need to purchase some logistics services from the society; finally, they do not possess tangible logistics resources at all, and only use the employees of the enterprises. Logistics expertise and extensive industry contacts provide customers with third-party logistics services. Such logistics companies are many abroad, but few in this country.
3. The legal nature of the Request for Proposal or RFP.
A: The "Target Specification" is a company that decides to cooperate with external third-party logistics companies to establish its own logistics system. After assessing its existing resources, various logistics information, data, and documents in the work, the company determines future demand and requires logistics. A document of the standard of service provided by the enterprise. It is similar in nature to the tender in the construction project. The target specification is an offer rather than an offer. It only imposes some principled requirements on the content of the contract and does not specify detailed substantive terms. The return to the target specification is an offer that clearly sets out the substantive terms of the logistics contract.
4. What are the conditions for private enterprises to engage in international maritime transportation and their ancillary services?
Answer: The company shall have the following conditions for the operation of the ship transportation business: ships that have adapted to the international maritime transportation business, including Chinese ships; bills of lading, passenger tickets or multimodal transport documents; and senior business management personnel with qualifications. To operate the non-vessel shipping business, it shall handle the bill of lading registration with the State Council department in charge of transportation and pay a deposit of 800,000 yuan; each time a branch is established, the deposit will be increased by 200,000 yuan. To operate an international shipping agency business, the following conditions shall be met: at least 2 of the senior business management personnel have more than 3 years of experience in international maritime transport operations; there are fixed business premises and necessary business facilities. The operation of the international ship management business shall meet the following conditions: At least two of the senior business management personnel have more than three years of experience in international maritime transport operations; there are equipment and facilities that are compatible with the international ship management business.
Second, the establishment of foreign logistics enterprises
1. What are the special regulations for foreign-invested enterprises entering logistics-related industries?
A: China's laws have some restrictive regulations on foreign-invested logistics-related industries. In terms of foreign investment in the railway industry, joint venture construction projects implement a corporate responsibility system for construction projects. As a project legal person, the joint venture company is responsible for the whole process of project planning, fund raising, construction and implementation, production and operation, debt repayment and asset preservation and appreciation. Foreigners are allowed to use Chinese-foreign joint ventures to start investment in road passenger transportation, using Sino-foreign joint ventures, Sino-foreign joint ventures to start investment in road cargo transportation, road cargo handling and loading, road cargo warehousing and other auxiliary services related to road transportation and vehicle maintenance; Investment in road cargo transportation, road cargo handling, road cargo warehousing and other auxiliary services related to road transportation and vehicle maintenance. With the approval of the competent department of communications under the State Council, foreign investors may invest in the establishment of Sino-foreign joint ventures or Sino-foreign cooperative ventures, and operate international ship transport, international shipping agency, international ship management, international sea cargo handling, international marine cargo warehousing, international shipping container stations and reactors. Field business; and can invest in the establishment of foreign-funded enterprises to operate international maritime cargo warehousing business.
2. How to choose an arbitration institution or a court by a joint venture to establish a dispute in the logistics enterprise
A: Article 15 of the Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures stipulates that disputes between the two parties to the joint venture shall be settled or arbitrated by the Chinese arbitration institution, or may be settled by other parties in the arbitration agreement. If no arbitration clause is reached or a written arbitration agreement is reached, it may be brought to the people's court. According to the provisions of this article, when a dispute arises between a joint venture partner of a Sino-foreign joint venture logistics enterprise, it is not necessary to arbitrate in a Chinese arbitration institution or complete a lawsuit in a Chinese court, and the agreement may be settled by a foreign arbitration institution. However, it is impossible to choose the jurisdiction of a foreign court because it will hinder China's judicial power.
3. The degree of openness of the retail industry promised by China’s accession to the WTO
A: After joining the WTO, it is allowed to set up joint venture retail enterprises in 5 special economic zones, as well as Beijing, Shanghai, Tianjin, Guangzhou, Dalian, Qingdao, Zheng and Wuhan. In Beijing and Shanghai, four joint venture retail enterprises are allowed to be established. At the local level, up to two joint ventures can be established; two joint ventures in Beijing can open branches in the city; before January 2002, all geographical, quantitative, and foreign shareholding ratios are removed; branches are in more than 30 chain stores. It is still only allowed to operate in joint ventures with foreign capital holding less than 50% of the shares. The commercial presence of foreign capital in franchising and wholesale or retail services without fixed locations will be lifted within three years after China's accession to the WTO.
4. What are the conditions for the State Council to set up foreign-funded logistics enterprises in the three provinces and five cities?
A: The Ministry of Foreign Trade and Economic Cooperation recently issued the "Notice on the Relevant Issues Concerning the Pilot Establishment of Foreign-Invested Logistics Enterprises", and piloted the establishment of foreign-funded logistics enterprises in Shanghai and other places. The "Notice" stipulates that foreign investors are allowed to invest in international circulation logistics and third-party logistics business in the form of Sino-foreign joint ventures and Sino-foreign cooperation. Investors applying for the establishment of a foreign-invested logistics enterprise must meet the following conditions: (1) At least one of the investors intending to establish a foreign-invested logistics enterprise engaged in international circulation logistics business shall have international trade or international cargo transportation or international cargo transportation agency. For good performance and operational experience, investors who meet the above conditions should be the largest shareholder among Chinese investors or foreign investors. (II) Investors intending to establish foreign-invested logistics enterprises engaged in third-party logistics business should have at least one party with good performance and operational experience in operating transportation or logistics. Investors meeting the above conditions should be Chinese investors or foreign investors. The largest shareholder in China. The established foreign-invested logistics enterprises must meet the following requirements: (1) the registered capital shall not be less than 5 million US dollars; (2) the foreign-invested logistics enterprises engaged in international circulation logistics business shall not exceed 50% of the shares of foreign investors; There is a fixed place of business; (4) there are necessary business facilities for doing business.
Third, the establishment of logistics enterprises in the bonded area
1. What are the restrictions and requirements for setting up an operation logistics enterprise in the bonded area?
A: In terms of enterprise establishment, it is forbidden to set up projects in the bonded area that pollute the environment, endanger national security or harm the public interest. In the course of operation, enterprises should improve the statistical, financial, and accounting systems, and establish special account books for goods, and regularly submit relevant reports to the relevant departments such as the management committee and customs. The enterprise shall comply with the provisions of environmental protection in construction, production and operation, and handle relevant formalities with the management committee according to law.
2. What are the procedural requirements for setting up a logistics company in the bonded area?
A: Investors who set up foreign-invested logistics enterprises in the bonded area should apply to the management committee. The management committee shall, within 20 days from the date of receipt of the complete and legal application documents (hereinafter referred to as the application documents), make a decision on whether or not to approve the agreement with the relevant department. Within three days from the date of the approval decision, the management committee shall The administrative department for industry and commerce issued a business license. Investors who set up other logistics enterprises in the bonded area shall apply to the administrative department for industry and commerce of the Administrative Committee. The administrative department for industry and commerce of the Management Committee shall, in conjunction with the relevant departments, make a decision on whether to approve the registration within 15 days from the date of receipt of the application documents. For the approval of registration, a business license is issued. The administrative department of industry and commerce of the Management Committee shall report to the Administrative Committee for approval of applications other than the examination authority. The application of the management committee other than the examination and approval authority shall be reported to the municipal competent department for approval within 10 days from the date of receipt of the application documents. The enterprise shall go through the registration procedures for customs, taxation, foreign exchange management, commodity inspection, etc. within 30 days after receiving the business license. Investors should make capital contributions on time and perform capital verification procedures.
3. What policy support can the logistics enterprises in the bonded area obtain?
A: Enterprises in the bonded area can freely engage in trade between the bonded area and the overseas, exempt from quotas and licenses, unless otherwise stipulated by the state. The logistics enterprises in the bonded area can obtain the right to freely engage in trade in the bonded area. In accordance with relevant state regulations, the logistics enterprises in the bonded area may engage in trade between bonded areas and non-bonded areas, bonded areas and other bonded areas in China. If the enterprises in the bonded area are approved by the State Administration for Foreign Trade and Economic Cooperation, they can represent the import and export trade of non-bonded zone enterprises. Domestic and foreign companies (including bonded area enterprises) can hold international merchandise display activities in the bonded area. Enterprises in the bonded area can set up commodity trading markets, freely participate in trade fairs for import and export in the bonded area, engage in commodity display and wholesale business, and participate freely in import and export trade fairs and fairs in non-bonded areas. Domestic and foreign companies are encouraged to store goods in the bonded area. The storage period of the goods is not limited. Enterprises can classify, package, select, pack, and mark goods in the bonded area for commercial processing.
4. What are the special regulations for materials entering and leaving the bonded area?
Answer: Goods and articles that are transported directly from the country to the bonded area or directly from the bonded area to the overseas country shall be filed with the customs of the bonded area. Goods that affect safety, health and environmental protection shall be subject to statutory inspection. Goods and articles are transported from the bonded area to the non-bonded area as the same import, and the non-bonded area is transported into the bonded area as an export, and the import and export procedures are handled. Machines, equipment, parts, raw materials, transportation tools, building materials and office supplies that are transported from non-bonded areas for use in the bonded area shall be registered and released by the Customs of the Free Trade Zone. The following goods and articles that are transported from outside the bonded area to the bonded area are exempt from customs duties and import link taxes, unless otherwise stipulated by the state:
(1) Imported goods;
(2) Re-export goods;
(3) storing goods in the bonded area;
(4) Raw materials, parts and components and packaging materials required for production in the bonded area;
(5) Machines, equipment and infrastructure materials required for construction projects in the bonded area;
(6) Machines and equipment used by enterprises and institutions in the bonded area and a reasonable amount of office supplies, fuels and maintenance parts. Goods transported from the bonded area to the outside of the country are exempt from customs duties, unless otherwise stipulated by the state. Goods exported through the bonded area shall be refunded in accordance with the state's export tax rebate regulations.

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