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(1) The investors shall submit the establishment application and relevant documents to the administrative departments in charge of foreign trade and economic cooperation at the provincial level of the place where the FBIE is to be established.

(2) The administrative departments in charge of foreign trade and economic cooperation at the provincial level shall complete the original examination and report to the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) within 15 days as of the acceptance of the above-mentioned materials.

(3) The MOFTEC shall, with the consent of the Ministry of Science & Technology，make a written decision on approval or disapproval within 45 days as of the acceptance of all the above-mentioned materials. And it shall issue a Certificate of Approval for Foreign-invested Enterprises to the approved enterprises.

(4) With the approved of establishing an FBIE, the applicant shall file an application for registration at the State Administration of Industry and Commerce or at local bureaus with its authorization by presenting the Certificate of Approval for Foreign-invested Enterprise within one month as of the acceptance of the Certificate of Approval for Foreign-invested Enterprise.
 

Indispensable investors shall not withdraw from the FBIE during the period of its continuous existence. A necessary withdrawal under a special circumstance shall be upon the consent of the investor whose investment amount exceeds 50% of the total amount, and the relevant rights and interests shall be assigned to the new investor who satisfies the conditions as provided in Article 7 of Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises. The contract and the articles of association of this enterprise shall be modified and shall be reported to the authority for approval.

The transference of other investors’ subscribed amount of capital or invested amount of capital shall be done in compliance with the contract of the FBIE and the assignee shall meet the requirements as provided in Article 6. All investors shall make relevant modifications in the contract and the articles of association of the FBIE and report to the examination and approval organ for archival purposes.

When a non-legal-person organization files an application to the registration authority for modifying its registration, the archival evidential documents issued by the above-mentioned examination and approval organ may replace relevant documents for examination and approval.

Having made investments according to the proceedings of business-starting investments and upon relevant capital verification report, the investors of the FBIE shall file an application to the original registration organ for handling the archival procedures for their investments. The registration organ shall fill up the number of its actual amount of capital behind the item of “Capital Amount” on its Business License.

Where an FBIE makes no investment or fails to make the total investment, it shall be subject to penalties imposed by the registration organ in accordance with the existing regulations.