国务院关于授权省、自治区、直辖市、经济特区和计划单列市人民政
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国发（1988）36号 In accordance with the provisions of Article 6 of The Law of the People's Republic of China on Foreign-Capital Enterprises， the State Council hereby decides to authorize the people's governments of the provinces， autonomous regions， municipalities directly under the Central Government， special economic zones， and municipalities separately listed on the State plan to examine and approve， in accordance with the following provisions， applications for the establishment of enterprises with foreign capital. 1. With respect to enterprises to be established with foreign capital， whose investment volume is below the norm prescribed by the State Council， and which do not require comprehensive balance to be carried out by the State concerning construction conditions and production/operation conditions， the application for the establishment of the aforesaid enterprises shall be examined and approved by the people's governments of the provinces， autonomous regions， municipalities directly under the Central Government， the special economic zones， or municipalities separately listed on the State plan， and approval certificates shall be issued to the aforesaid enterprises. However， if the products for domestic sales， manufactured by the enterprises with foreign capital to be established， belong in the categories of products the import of which is restricted by the State， or if their products for export sales belong in the categories of products for which export licences shall be issued by the Ministry of Foreign Economic Relations and Trade or by the office of its accredited representative， or in the categories of products subject to quota control by the State； or lines of business and projects in which the utilization of foreign capital is restricted by the State， the local authorities should obtain the consent of the Ministry of Foreign Economic Relations and Trade or the competent authorities concerned before they approve the application. 2. With respect to enterprises to be established with foreign capital， whose investment volume is above the norm prescribed by the State Council， or whose investment volume is below the norm but their construction and production/operation conditions require comprehensive balance to be carried out by the State， the people's governments of the provinces， autonomous regions， municipalities directly under the Central Government， special economic zones， or municipalities separately listed on the State plan shall comment on the applications before they forward the same to the Ministry of Foreign Economic Relations and Trade for examination and approval and for the issuance of approval certificates. 3. With respect to the enterprises with foreign capital to be established which have been approved in accordance with the provisions of Article 1 of this Circular， the examining and approving department shall， within thirty days as of the date of approval， submit the applications for the establishment of the said enterprises， together with the feasibility study reports， the articles of association and the approval documents issued by the examining and approving departments to the Ministry of Foreign Economic Relations and Trade for the record. In the event that the Ministry of Foreign Economic Relations and Trade， after receiving the said documents submitted for the record， discovers that the enterprises whose establishment has already been approved is not in conformity with the provisions of Article 1 of this Circular， the Ministry of Foreign Economic Relations and Trade shall exercise its veto power. However， the local authorities concerned should be notified of this veto within thirty days， beyond which the said veto shall be invalidated |
