Ministry of Commerce, Circular on Further Simplifying and Regulating Administrative Licensing for Foreign Investment

Issued: August 26 2008
Effective: As of date of issuance

Main Contents: In the case of a non-substantive change (including change in the enterprise name, the name of an investor, business address within the same city, number of directors, and term of operations in accordance with the law) to a foreign-invested enterprise (FIE) established with the approval of the Ministry of Commerce (Mofcom), Mofcom shall appoint the provincial-level department in charge of commerce to examine and approve the change in accordance with the law. The provincial-level department in charge of commerce shall, upon approval, submit the official reply and the duplicates of the approval certificate to Mofcom for record filing (Article 1).

According to the decision of the State Council on the reform of the investment system, in the case of changes to FIEs approved to be established by Mofcom that have an investment amount within the limit, the change shall be approved by the provincial-level department in charge of commerce in accordance with the law (except for companies with an investment nature, and FIEs that are in industries with special provisions or specific industrial policies or industries that are subject to state macroeconomic control), and be submitted to Mofcom for record filing (Article 2).