中华人民共和国外资企业法(三)
来源:优易学  2010-1-14 12:29:45   【优易学:中国教育考试门户网】   资料下载   外语书店
  The documents mentioned in Items (1) and (3) in the preceding paragraph must be written in the Chinese language; while the documents mentioned in Items (2), (4) and (5) in the preceding paragraph may be written in a foreign language, but a corresponding Chinese translation shall be attached.

  In the event that two or more foreign investors jointly file an application for the establishment of a foreign-capital enterprise, they shall submit a duplicate of the contract concluded and signed between them to the examining and approving organ for the record.

  Article 12 The examining and approving organ shall, within 90 days after receiving all the required documents with respect to an application for the establishment of foreign-capital enterprise, make a decision whether to approve or disapprove the application. In the event that the examining and approving organ has found that the documents mentioned above are not complete, or that some of them are inappropriate, it may call on the applicant to make up the incomplete documents, or to make necessary revisions, within a prescribed time limit.

  Article 13 After the approval of the application for the establishment of a foreign-capital enterprise by the examining and approving organ, the foreign investor shall, within 30 days after receiving the certificate of approval, file an application with the relevant administrative department for industry and commerce for registration, and obtain a business licence.

  The date on which the business licence is issued shall be the date of the establishment of the said enterprise.

  In the event that the foreign investor fails to file an application with the administrative department for industry and commerce for registration on the expiration of the 30 days after receiving the certificate of approval, the certificate of approval for the establishment of the proposed enterprise shall become invalid automatically. A foreign-capital enterprise shall, within 30 days after its establishment, go through the procedures for taxation registration with the tax authorities.

  Article 14 Foreign investors may appoint a Chinese service agency for enterprises with foreign investment or other economic organizations to handle, on their behalf, the affairs stipulated in Article 9, the first paragraph of Article 10 and Article 11 of these Rules, but a contract of entrustment shall be concluded and signed between them.

  Article 15 The written application for the establishment of a foreign-capital enterprise shall include the following contents:

  (1) the name or designation, the residence and the place of registration of the foreign investor, and the name, nationality, and position of the legal representative;

  (2) the name and residence of the foreign-capital enterprise;

  (3) the scope of business operations, the varieties of products, and the scale of production;

  (4) the total amount of investment, the registered capital, the source of funds, and the method of investment contribution and the operation period;

  (5) the organizational form and organs, and the legal representative of the foreign-capital enterprise;

  (6) the primary production equipment to be used and the degrees of depreciation, production technology, technological level and their sources;

  (7) the sales orientation and areas, the sales channels and methods, and the sales proportion between China's market and foreign markets;

  (8) the arrangements for the revenues and expenditures in foreign exchange;(9) the arrangements for the establishment of relevant organs and the authorized size of working personnel, the engagement and use of workers and staff members, their training, salaries and wages, material benefits, insurance, and labour protection;

  (10) the degrees of probable environmental pollution and the measures for tackling pollution;

  (11) the selection of sites and the area of land to be used;

  (12) the funds, energy resources, raw and processed materials needed in capital construction and in production and business operations and the solutions thereof;

  (13) the progress plan for the construction of the project; and

  (14) the period of business operations of the foreign-capital enterprise to be established.

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