Further Improving the Screening and Rectification of Non-experimental Foreign-funded Commercial Enterprises Circular

关于进一步做好清理整顿非试点外商投资商业企业工作的通知

(Issued by the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and…

(Issued by the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce on 6 August 2001.)

(国家经济贸易委员会、对外贸易经济合作部、国家工商行政管理总局于2001年8月6日发布。)

Economic and trade commissions (Economic Commissions), foreign trade and economic cooperation commissions (Departments, Bureaux and Foreign Investment Work Committees), and administrations for industry and commerce of various provinces, autonomous regions, municipalities directly under the central government and cities with independent development plans and relevant local commissions of commerce (Industry Offices):

各省、自治区、直辖市、计划单列市经贸委(经委)、外经贸委(厅、局、外资委)、工商行政管理局,有关地方商委(行业办):

On 1 July 1998, the General Office of the State Council issued the Status Concerning the Screening and Rectification of Non-experimental Foreign-funded Commercial Enterprises Circular ([Guo Ban Fa [1998] No. 98, hereafter Document No. 98), which made separate decisions on the handling of non-experimental foreign-funded commercial enterprises approved by local government departments beyond their authority by way of approving or rectifying such enterprises or cancelling or revoking their business licences. However, up to now Document No. 98 has not been implemented in earnest in several areas, and some local governments are still approving the establishment of foreign-funded commercial enterprises and their branches beyond their authority. As of this day, various local authorities have approved the establishment of 316 non-experimental foreign-funded commercial enterprises, among which 65 have been converted into domestic enterprises, ceased commercial operations or have had their business licences cancelled (revoked), but 251 are still in operation. To uphold the uniformity and seriousness of the policy of our country governing the utilization of foreign capital in the commercial sector on an experimental basis and ensure a healthy and orderly process of utilizing foreign capital in our commercial sector, with the approval of the State Council, this Circular on matters relating to further screening and rectification is hereby given as follows:

国务院办公厅曾于1998年7月1日发出《关于清理整顿非试点外商投资商业企业情况通知》(国办发[1998]98号,以下简98号文件);对地方擅自越权批准设立的非试点外商投资商业企业分别作出了通过、整改、注(吊)销的处理决定。但是,98号文件精神在部分地区至今没有得到认真贯彻落实,仍有一些地方继续擅自审批设立外商投资商业企业及其分店。截止目前,各地擅自越权批准设立了316家非试点外商投资商业企业,其中65家已转为内资、不再经营商业或已注(吊)销,还有251家正在经营。为维护我国商业利用外资试点政策的统一性和严肃性,保证商业领域利用外资工作健康有序地进行,经国务院批准,现就进一步做好清理整顿后续工作有关事项通知如下:

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