Circular on Delegating Matters Concerning the Examination and Approval of Foreign-invested Commercial Enterprises

关于下放外商投资商业企业审批事项的通知

The Circular states that, with certain exceptions, the investment in and establishment of commercial enterprises by foreign investors shall be subject to the examination of the provincial-level departments in charge of commerce.

Clp Reference: 5400/08.09.12 Promulgated: 2008-09-12 Effective: 2008-09-12

(Issued by the Ministry of Commerce, and effective as of, September 12 2008.)

Shang Zi Han [2008] No.51

Departments in charge of commerce of provinces, autonomous regions, municipalities directly under the central government, cities with independent development plans and the Xinjiang Production and Construction Corp, and state-level economic and technology development zones:

With a view to thoroughly implementing the spirit of the Second Plenary Session of the 17th Central Committee of the Communist Party of China, further transforming the work functions of government and improving the examination and approval of foreign investment, pursuant to the State Council, Decision on Abolishing or Adjusting a Fourth Batch of Items Subject to Administrative Examination and Approval (Guo Fa [2007] No.33), we hereby notify you concerning relevant matters as follows:

1. The investment in and establishment of commercial enterprises by foreign investors and the changes to existing foreign-invested commercial enterprises shall be subject to the examination of the provincial-level departments in charge of commerce (except where the matters specified in Article 2 are involved).

2. The Ministry of Commerce shall continue to be responsible for the examination and approval of enterprises that make their sales without physical shops through means such as television, telephone, mail order, the internet, vending machines, etc. and enterprises that engage in the wholesale of audio and video products or the sale of books, newspapers and periodicals.

3. Provincial-level departments in charge of commerce shall carry out the examination of foreign-invested commercial enterprises in strict accordance with relevant state laws and regulations and relevant industrial policies, and submit relevant official replies to the Ministry of Commerce for the record in a timely manner.

4. This Circular shall be effective as of the date of issuance.

(商务部于二零零八年九月十二日发布执行。)

clp reference:5400/08.09.12
prc reference:商资函 [2008] 51号
promulgated:2008-09-12
effective:2008-09-12

商资函 [2008] 51号

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