Regarding the foreign individuals， they must have full capacity for civil conduct in accordance with article 14 of the Partnership Law. The international private law problem will also be involved here. Pursuant to article 180 of the Opinions， the foreign individuals who conduct civil activities in the territory of China， shall be regarded as having full capacity for civil conduct if they have that in accordance with China laws， no matter what their national laws requires for their capacity for civil conduct. Foreign individuals at or above the age of 18 years old are qualified to be the foreign partners if they are not mentally ill.

　　Thresholds for Foreign Partnership

　　Some thresholds， such as the approval by the MOC， imposed on the FIEs are lifted for foreign partnership. This means that the foreign partnership and the domestic partnership will be treated with unified threshold in the aspect of approval， which will definitely reduce the criticism from the international community， but may cause more from the domestic public (including those FIEs). But it does not mean that there will be no thresholds review on foreign partnership.

　　Article 3 of the Foreign Partnership Measures lists the general thresholds for the foreign partnerships. The establishment of foreign partnership shall abide by the Partnership Law and the other relevant laws， regulations and rules， and comply with the industrial policies for foreign investment. These general thresholds need to be analyzed together with the reference to the other relevant laws， regulations， rules and policies.

　　First， the threshold provided by the Partnership Law is the pre-approval on the business scope. Where the business cope of a foreign partnership contains any item， for example oil distribution， that is subject to approval prior to registration according to laws or regulations， such approval shall be sought in advance and submitted at the time of registration with SAIC local branch. These pre-approvals involve ， but not limited to， the Ministry of Land， the Ministry of Transport， the China Securities Regulatory Commission， the China Banking Regulatory Commission and the China Insurance Regulatory Commission， etc.， which depends on the business of the foreign partnership.