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The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Construction Provisions of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation Concerning the Establishment JianJian [1995] No.533 September 18, 1995 Article 1 These Provisions are formulated to suit the needs of the country’s opening to the outside world, strengthen government administration Article 2 FFCEs referred to in these Provisions are those Chinese-foreign equity joint or contractual joint ventures engaging in civil engineering, Article 3 The setting up of FFCEs should observe the Law of the People’s Republic of China on Chinese-foreign Joint Equity Ventures, the Law Article 4 The project proposals and feasibility study reports for the setting up of FFCEs shall be examined and approved by the administrative Article 5 The examination and approval of the setting up of FFCEs shall be undertaken by separate departments concerned at different levels. The setting of a FFCE with the Chinese partner being an enterprise directly under a department of the State Council shall be examined Article 6 The setting up of a FFCE should follow the following procedures: (1) The Chinese partner in a project submits the project proposal and feasibility study report and other relevant documents to the department (2) The Chinese partner, while presenting the Document on the Results of Examination and Confirmation of the Setting Up of the FFCEs, (3) The Chinese partner goes to the office in charge of industrial and commercial administration for the registration of the legal person (4) The FFCE enterprises, having obtained the license for business, shall perform the examination and certification of its business classification Article 7 The setting up of a FFCE should be qualified with following conditions, apart from being conformed to the stipulations of relevant (1) The Chinese partner in the proposed enterprise has to be a construction enterprise with a second class or above business certificate. (2) The proposed enterprise should be able to introduce into the country or adopt internationally advanced building technologies and equipment (3) Requirements for registered capital: The minimum registered capital for a first class enterprise is U.S.$10 million, for a second Article 8 In the application for the setting up of FFCEs, the Chinese partner should, in accordance with the stipulations of Article 5 of the (1) Paper of application for setting up the FFCE. (2) The Chinese partner’s business classification certificate. (3) Remarks of examination from the department in charge of the Chinese partner (except the Chinese enterprise is not directly under any (4) Project proposal for the setting up of the proposed enterprise. (5) Feasibility study report compiled jointly by all partners. (6) Certificates of business registration of all participants in the project. (7) Credit certificates of all the participants. (8) Other documents as required. Article 9 In the application for the setting up of FFCEs, the following documents should be submitted to the department in charge of foreign (1) The Comment on Examination and Confirmation of Establishment of FFCEs issued by the department in charge of construction administration. (2) The contract for the setting up of the FFCE and the enterprise’s articles of association. (3) Project proposal and the feasibility study report. (4) Certificates of business registration of all participants in the project. (5) Credit certificates of all the participants. (6) The document of certification of the name of the enterprise issued by the office in charge of industrial and commercial administration. (7) The name list of the board directors of the joint project and their letters of appointment. Article 10 Investors from the regions of Taiwan, Hong Kong and Macao who set up construction enterprises on the mainland with their own funds Article 11 These Provisions will enter into force as of the date of promulgation. |
The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Construction
1995-09-18