Analysis:

Provisions on examination and approval of overseas investment in starting enterprises

Article 7 Examination and approval procedures

(1) The central enterprises apply to the Ministry of Commerce; Other enterprises apply to the provincial commerce department.

(2) After receiving the application materials, the Ministry of Commerce and the provincial commerce authorities shall inform the applicant of all the contents that need to be corrected within five working days if the application materials are incomplete or do not conform to the statutory form. Failing to inform the application materials within the time limit, it shall be accepted from the date of receiving the application materials. If the application materials are complete and conform to the statutory form, or the applicant makes corrections to the application materials as required, it shall be accepted.

(three) the provincial commerce department shall solicit the opinions of the Economic and Commercial Counsellor's Office (room) of our embassy (consulate) abroad. Central enterprises solicit opinions from China's economic and commercial counsellors' offices abroad. My Economic and Commercial Counsellor's Office (office) abroad shall give a reply within 5 working days from the date of receiving the letter of soliciting opinions.

(4) The provincial commerce department shall make a decision on whether to approve or not within 15 working days from the date of acceptance; If it needs to be reported to the Ministry of Commerce for examination and approval, the preliminary examination shall be conducted within 5 working days from the date of acceptance, and it shall be reported to the Ministry of Commerce after approval.

(5) The Ministry of Commerce shall make a decision on whether to approve or not within 15 working days from the date of acceptance.

(6) A written approval decision issued by the Ministry of Commerce and the provincial competent department of commerce; If it is not approved, it shall issue a decision of disapproval.

Article 8 Application materials

(1) The application materials submitted by the enterprise include:

1. Application (mainly including name, registered capital, investment amount, business scope, business term, organizational form, shareholding structure, etc.). );

2. Articles of association of overseas enterprises and relevant agreements or contracts;

3, issued by the competent foreign exchange authorities to review the source of foreign exchange funds for overseas investment.

Opinions (whether it is necessary to purchase or remit foreign exchange from China); Opinions of the Economic and Commercial Counsellor's Office in China (only applicable to central enterprises);

4. Relevant qualifications or qualification certificates required by the business license and laws and regulations of domestic enterprises;

5. Other documents required by laws, regulations and decisions of the State Council.

(2) The materials submitted by the provincial commerce authorities to the Ministry of Commerce include:

1, preliminary opinions of this department;

2. Opinions of my Foreign Economic and Commercial Counsellor's Office;

3. All application materials submitted by the enterprise.

Article 9 After the application of the central enterprise is approved, the Ministry of Commerce will issue the Approval Certificate for Overseas Investment in People's Republic of China (PRC) (hereinafter referred to as the Approval Certificate). For other enterprises, the approval certificate shall be issued by the provincial commerce department.

Domestic enterprises handle foreign exchange, banking, customs, foreign affairs and other related matters with the approval certificate.