文档介绍：OUTLINE OF BASIC LEGAL ISSUES
IN RESPECT OF
THE ESTABLISHMENT OF ASINO-FOREIGN JOINT VENTURE
OUTLINE OF BASIC LEGAL I total investment is prescribed by law. Please see paragraph (b) below for more detailed information.)
The State Council Decision on the Reform of the Investment System issued on 16 July 2004 (the "State Council Decision") was directed at both the Chinese domestic and foreign investment projects. It generally abolishes the system for approval of investment projects (as opposed to the approval of the establishment of foreign investment enterprises ("FIEs")) but requires major, or restricted, projects to be subject to the system of ratification or filing.
Based on the rules issued by the National Development and Reform Commission ("NDRC"), entitled the Administration of the Ratification of Foreign -invested Projects effective as of 9 October 2004 (the "NDRC Ratification Procedures"), NDRC has a remit for approving (at the preliminary project application stage) Sino-foreign equity joint ventures ("EJVs"), cooperative joint ventures ("CJVs") and wholly foreign-owned enterprises ("WFOEs"), mergers and acquisitions of domestic enterprises by foreign entities and capital increases by FIEs. As a practical matter, whether NDRC approval of a project is required is a case by case analysis, as the NDRC Ratification Procedures provide that where rules have been issue