中华人民共和国外资企业法（二）

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 unfavourably 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， and 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）。

Article 9 With respect to a foreign-capital enterprise， the establishment of which has been applied for， if its products are subject to export licence， export quota， or import licence， or are under restrictions by the State， prior consent of the department of foreign economic relations and trade shall be obtained in accordance with the limits of powers for administration.

Article 10 A foreign investor shall， prior to the filing of an application for the establishment of a foreign-capital enterprise， submit a report to the local people's government at or above the county level at the place where the proposed enterprise is to be established. The report shall include：

the aim of the establishment of the proposed enterprise； the scope and scale of business operation； the products to be produced； the technology and equipment to be adopted and used； the proportion of the sales of products between the domestic market and the foreign market； the area of land to be used and the related requirements； the conditions and quantities of water， electricity， coal， coal gas and other forms of energy resources required； and the requirement of public facilities. The local people's government at or above the county level shall within 30 days after receiving the report submitted by the foreign investor， give a reply in writing to the said foreign investor.

Article 11 In case that a foreign investor wishes to establish a foreign-capital enterprise， an application shall be submitted to the examining and approving organ through the local people's government at or above the county level at the place where the enterprise is to be established， together with the following documents.

（1） the written application for the establishment of a foreign-capital enterprise；

（2） a feasibility study report；

（3） the articles of association of the foreign-capital enterprise；

（4） the name-list of the legal representatives （or the candidates for members of the board of directors） of the foreign-capital enterprise；

（5） the legal certifying documents and the credit position certifying documents of the foreign investor；

（6） the written reply given by the people's government at or above the county level at the place， where the enterprise is to be established；

（7） an inventory of goods and materials needed to be imported；

（8） other documents that are required to be submitted.