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Rules for the Implementation of the Law of the People's Republic of China on Foreign-Capital Enterprises
(Approved by the State Council on October 28, 1990, and promulgated by Decree No. 1 of the Ministry of Foreign Economic Relations and Trade on December 12, 1990)

Chapter I - General Provisions

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Chapter II - Procedures for Establishment

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Chapter III - Form of Organization and Registered Capital

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Chapter IV - Methods of Contributing Investment and the Time Limit

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Chapter V - Use of Site and the Site Use Fees

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Chapter VI - Purchasing and Marketing

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Chapter VII - Taxation

Article 50

Article 51

Article 52

Article 53

Chapter VIII - Control of Foreign Exchange

Article 54

Article 55

Article 56

Article 57

Article 58

Chapter IX - Financial Affairs and Accounting

Article 59

Article 60

Article 61

Article 62

Article 63

Article 64

Article 65

Article 66

Chapter X - Workers and Staff Members

Article 67

Article 68

Chapter XI - Trade Union

Article 69

Article 70

Article 71

Article 72

Chapter XII - Term of Operations, Termination and Liquidation

Article 73

Article 74

Article 75

Article 76

Article 77

Article 78

Article 79

Article 80

Article 81

Article 82

Chapter XIII - Supplementary Provisions

Article 83

Article 84

Article 85

Article 86

Article 87

Article 88

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China - Rules for the Implementation of the Law of the People's Republic of China on Foreign-Capital Enterprises, 1990

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Rules for the Implementation of the Law of the People's Republic of China on Foreign-Capital Enterprises
(Approved by the State Council on October 28, 1990, and promulgated by Decree No. 1 of the Ministry of Foreign Economic Relations and Trade on December 12, 1990)

Chapter II - Procedures for Establishment

Article 8

The application for the establishment of a foreign-capital enterprise shall be submitted to the Ministry of Foreign Economic Relations and Trade, and after examination and approval, a certificate of approval shall be issued by the Ministry.

With respect to the application for the establishment of a foreign-capital enterprise that comes under one of the following circumstances, the State Council shall authorize the people's government of the relevant province, autonomous region, municipality directly under the Central Government, municipality separately listed on the state plan, or the special economic zone, to issue the certificate of approval after examining and approving the application:

(1) The total amount of investment is within the limits of powers for the examination and approval of investments stipulated by the State Council;

(2) The proposed enterprises does not need the raw and processed materials to be allocated by the State, or does not influence unfavorably the national comprehensive balance of energy resources, communications and transportation, as well as export quotas for foreign trade.

Where the people's government of the province, autonomous region, municipality directly under the Central Government, municipality separately listed on the state plan, or the special economic zone has approved the establishment of a foreign-capital enterprise within its limits of powers granted by the State Council, it shall within 15 days after the approval submit a report to the Ministry of Foreign Economic Relations and Trade for the record (hereinafter the Ministry of Foreign Economic Relations and Trade, the people's government of the province, autonomous region, municipality directly under the Central government, municipality separately listed on the State plan, and the special economic zone shall be called generally as the examining and approving organ).


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