Article 12When employing Chinese workers and staff，foreign capital enterprises shall sign contracts with them and specify the conditions of employment，dismissal，remuneration，welfare，labor protection，labor insurance and other issues in accordance with law.
Article 13Employees of foreign capital enterprises may set up trade union organization carry out union activities and protect their lawful for rights and interests in accordance with law.
The foreign capital enterprises shall provide necessary conditions for the activities of trade unions in the enterprises.
Article 14Foreign capital enterprises must set up account books in China，conduct independent accounting，submit financial reports and statements in accordance with regulations and accept the supervision of financial and taxation authorities.
If a foreign capital enterprises fails to set up an account book in China，financial and taxation authorities have the right to impose a fine，and the industrial and commercial administrative organs may order it to case operation or even revoke its business license.
Article 15A foreign capital enterprises may purchase the necessary raw materials，fuels and other materials within the approved business in the domestic or international markets，in accordance with the principles of being fair and reasonable.
Article 16The various kinds of insurance coverage of foreign capital enterprises shall be furnished by insurance organs in China.
Article 17Foreign capital enterprises must pay taxes and enjoy preferential treatment such as tax reduction or exemption in accordance with relevant regulations.
If a foreign capital enterprises invest its after-tax profits in China，it may apply，according to state regulations，for an income tax refund of a part of the income tax already paid on the reinvestment amount.
Article 18Foreign exchange transactions of foreign capital enterprises shall be governed by state regulation on foreign exchange control.
Foreign capital enterprises shall open accounts with the Bank of China or other banks designated by the State Administration of Foreign Exchange.
Article 19The foreign investor may remit abroad profits that are lawfully earned and other lawful earnings and any remaining after the enterprises is liquidated.
The salary and other lawful income of foreign employees of foreign capital enterprises may be remitted abroad after income tax is paid，according to law.
Article 20The business operation time limit of a foreign capital enterprise shall be applied by the foreign investor and approved by the examination and approval organ.If an extension is need when the time limit expires，the investor may apply to the examination and approval organs for the extension 180 days before the expiration of the time limit.The examination and approval organs shall make a decision to approve or reject the application within 30 days after receiving it.
Article 21When terminating its operation，a foreign capital enterprises shall promptly issue a public notice and proceed with liquidation，in accordance with relevant legal procedures.
Before the liquidation is finished，foreign investor may not dispose of the enterprise’s assets，expert for the purpose of carrying out the liquidation.
Article 22When a foreign capital enterprise is to be terminated，the enterprise shall nullify its registration with the relevant industrial and commercial administrative organ and surrender the business license.
Article 23 The department of economic relations and trade of the State Council shall draw up the rules for the implementation of this Law，which shall come into effect after being approved by the State Council.
Article 24 This Law shall go into effect on the day it is promul- gated.
Passage 13
外资保险公司在中国设立的条件
Required Qualifications for the Establishment of Foreign- funded Insurance Companies on the Chinese Territory《中华人民共和国外资保险公司管理条例》规定，申请设立外资保险公司的外国保险公司，应当具备以下7个条件：The Regula- tions on the Administration of Foreign-Funded Insurance Companies stipulate that foreign insurance companies，which apply to fund the establishment of insurance companies on the Chinese territory，should meet the following seven qualifications：
1．经营保险业务30年以上；The foreign insurance companies should have operated insurance business for more than 30 years；
2．在中国境内设立代表机构2年以上；The establishment of representative offices of the foreign insurance companies on the Chinese territory should exceed two years；
3．提出设立申请前一年年末总资产不少于50亿美元；The foreign insurance companies’ total assets should not be less than US5 billion at the end of the year before they raise the applications；
4．所在国家或者地区完善的保险监管制度，并且该外国保险公司已经受到所在国家或者地区主管当局的有效监管；The countries or regions where the foreign insurance companies register should have a complete insurance supervision an management system，and the foreign insurance companies should be under effective supervision and manage- ment by the competent authorities ofthe countries or regions where they register；
5．符合所在国家或者地区偿付能力标准；The foreign insurance companies should meet the standards for reimbursement capabilities of the countries or regions where they register；
6．所在国家或者地区有关主管当局同意其申请；The competent authorities of the countries or regions where the foreign insurance companies register should approve their applications；
7．中国保险监督管理委员会规定的其他审慎性条件。Other prudent conditions established by the China Insurance Regulatory Commission should be met.
这些条件中，前3个是中国“入世”承诺的内容，后面4个是国际上普遍认同的保险市场准入的审慎性条件。Among these conditions，the first there are part of China’s commitments concerning its WTO accession，and the rest are internationally accepted prudent conditions for insurance market admission.
