I. Legal basis

(I) It is stipulated in Article 6 of the Law of the People's Republic of China on Foreign-funded Enterprises (promulgated by Order No. 41 of the President of the People's Republic of China on October 31, 2000) that, “Application for establishment of a foreign-funded enterprise shall be submitted for examination and approval to the department in charge of foreign economic relations and trade under the State Council, or to the authority authorized by the State Council. The authorities in charge of examination and approval shall, within 90 days upon the receipt of application, make decision whether to approve or not.”

(II) It is stipulated in Sub-clause 2 of Article 7 in the Rules for the Implementation of the Law of the People's Republic of China on Foreign-funded Enterprises (State Council Order No.301, April 12, 2001) that, “with respect to the application for the establishment of a foreign-funded 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: (I) The total amount of investment is within the limits of powers for the examination and approval of investments stipulated by the State Council; (II) 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.”

II. Conditions of Applications

Foreign enterprises, economic organizations and individuals

III. Submissions

(I) Application for the establishment of a foreign-funded enterprise (signed by the legal representative of the foreign investor or its authorized person);

(II) Comments made by the authorities in charge of commerce at the level of municipality and autonomous prefecture (including the written comments made by the local people's government at the level of county or higher in which the foreign-funded enterprise is proposed to be established);

(III) Application Form for the Establishment of A Foreign-funded Enterprise in China (for Feasibility Study Report) (signed by the legal representative of the foreign investor or its authorized person) (the application form can be downloaded from the website or obtained at the service office of Sichuan Provincial Department of Commerce in Government Affairs Service Center of Sichuan Provincial People's Government);

(IV) Articles of Association of the foreign-funded enterprise (signed by the legal representative of the foreign investor or its authorized person);

(V) List of the legal representatives (or members of the Board of Directors) of foreign-funded enterprise;

(VI) The legal supporting documents and the credit certification documents of the foreign investor (bank certificate, certificate of deposit or bank statement, annual audit report, property ownership certificate, and business license of Taiwanese enterprise passing annual inspection etc.). However, it is not required for the direct investment by world-famous enterprise.

(VII) Application concerning investment in fixed assets shall be attached with the approval comments of the authority in charge of development and reform.

Besides the above materials, the followings shall be attached:

1. Notice on Approval of Enterprise Name for Registration issued by the administration for industry and commerce;

2. If Board of directors is required, appointment letter of the member of the Board of Directors attached with the signature of the foreign investor shall be provided;

3. Identity certificate (passport, ID card etc.) of the legal representative of the foreign investor;

4. If it is needed to import equipment, the list of equipment to be imported (name, specification, quantity and price) shall be provided;

5. In case of the establishment of a foreign-funded enterprise jointly invested by two or more foreign investors, the duplicate of the signed contract shall be provided for examination;

6. In case that any of the above documents is signed by the person authorized by the foreign investor, a power of attorney (original) issued by the legal representative shall be provided.

IV. Handling procedures

(I) The applicant shall submit the application to the service office of the authority in charge of commerce in the Government Affairs Service Center of the local people's government of the region, municipality or autonomous prefecture;

(II) The authority in charge of commerce of the region, municipality or autonomous prefecture shall submit its comments and other relevant documents to the service office of Sichuan Provincial Department of Commerce in Government Affairs Service Center of the Sichuan Provincial People's Government;

(III) Sichuan Provincial Department of Commerce shall carry out legal examination on the application and make decision whether to issue the administrative permit or not. In case of refusal of the application, it is required to give reasons.

V. Time limit for handling

(I) Legal time limit: 68 working days (Article 6 of the Law of the People's Republic of China on Foreign-funded Enterprises )

(II) Time limit promised: 68 working days

VI. Charging basis and standard

Free of charge

VII. Contact

Contact telephone: Service Office of Sichuan Provincial Department of Commerce in Government Affairs Service Center of Sichuan Provincial People's Government: (028) 86939516

Hotline for Foreign Investment Consultation: 86-28-86520402 86520222

Section of Foreign Investment Promotion of Sichuan Provincial Department of Commerce: (028) 83221294

Hotline for Complaint: Government Affairs Service Center of Sichuan Provincial People ' s Government: (028) 86936179 86936381

Sichuan Provincial Department of Commerce: (028) 83226033

Website of Government Affairs Service Center of Sichuan Provincial People's Government: www.sczw.gov.cn