国务院关于鼓励华侨和香港澳门同胞投资的规定 PROVISIONS OF THE STATE COUNCIL CONCERNING THE ENCOURAGEMENT OF INVESTMENTS BY

nd Macao may apply to the local people's government for the establishment of the association of overseas Chinese investors and investors from Hong Kong and Macao.

　　Article 19 With respect to equity joint ventures and contractual joint ventures to be established in China's inland areas， with the investments by overseas Chinese investors and those from Hong Kong and Macao， the application for the establishment of the aforesaid enterprises shall be filed by the inland party； as to the enterprises to be established with capital wholly owned by overseas Chinese investors and those from Hong Kong and Macao， the application shall be filed directly by such investors themselves， or they may entrust their relatives or friends residing in China's inland areas， or entrust the institution providing consultancy services， with the application. Applications for the establishment of enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao shall be accepted and handled exclusively by the local department for foreign economic relations and trade， or by the examining and approving organs designated by the local people's government.

　　The examination and approval of the applications for the establishment of enterprises with investments from overseas Chinese and compatriots from Hong Kong and Macao shall be handled in accordance with the authorization by the State Council. Departments for foreign economic relations and trade at the various levels or the examining and approving organs designated by the local people's government shall， within forty-five days of receipt of complete application documents， make the decision on whether the said application is approved or disapproved.

　　The applicant shall， within thirty days of receipt of the written approval， file an application to the department for the administration of industry and commerce， and， in accordance with the relevant procedures for registration and administration， go through the procedures for registration and obtain the business licence.

　　Article 20 With respect to overseas Chinese investors and tho

se from Hong Kong and Macao who have made investments in China's inland areas， in case that a dispute arises during the execution of or in relation to a contract， the parties concerned shall try their best to settle the dispute through consultation or mediation.

　　In case that the parties concerned are unwilling to settle the dispute through consultation or mediation， or the dispute cannot be settled through consultation or mediation， the parties concerned may， in accordance with the stipulations of the arbitration articles in the contract， or in accordance with the written arbitration agreement reached by the parties concerned after the dispute has arisen， submit their dispute to the arbitration authorities in China's inland areas or elsewhere for settlement.

　　In the event that the parties concerned did not specify an arbitration article in their contract， and no written arbitration agreement has been reached after the dispute occurs， then the dispute may be brought before the people's court.

　　Article 21 The right to interpret these Provisions rests with the Ministry of Foreign Economic Relations and Trade.

　　Article 22 These Provisions shall go into effect as of the date of promulgation

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