Laws of the People's Republic of China

Circular of the Ministry of Commerce on Entrusting Nanjing Economic-Technological Area to Examine, Approve and Administer the Relevant Work on Foreign-invested Enterprises in Some Service Trade Sectors

Shang Zi Han [2007] No. 26

Nanjing Municipal People's Government and Nanjing Economic-Technological Area,

Pursuant to Some Opinions on Further Promoting the Development Level of National Economic and Technical Development Zones (Guo Ban Fa [2005] No. 15) as forwarded by the General Office of the State Council to the Ministry of Commerce, the Ministry of Land and Resources and the Ministry of Construction as well as the provisions of the Ministry of Commerce on the authorized examination, approval and administration of foreign-funded enterprises, the Ministry of Commerce has finished the archival filing, examination and approval of the management systems of all the national economic and technological development zones and the connected network for examination and approval of foreign capital. The related matters are hereby notified as follows:

1.

Upon research, we hereby authorize the Management Committee of Nanjing Economic-Technological Area to be responsible for examining, approving and administrating the foreign-funded enterprises in related service trade sectors set up inside its zone for the purpose of encouraging and supporting the national economic and technological development zones to vigorously develop the high value-added service industries.

2.

The Management Committee of Nanjing Economic-Technological Area shall, in strict accordance with the laws and regulations on foreign investments as well as the related provisions on foreign-funded enterprises of non-vessel shipping, construction, printing, construction engineering design, road transport, commerce and international freight forwarding (see appendix), carefully examine and approve the related foreign-funded enterprises set up within its zone, and report the related problems found in the work to the Ministry of Commerce in a timely manner. The Ministry of Commerce shall implement the inspection of the aforesaid examination, approval and administration, and cancel the authorization to a national economic and technological development zone which commits illegal examination and approval during the course of authorization.

3.

The Management Committee of Nanjing Economic-Technological Area shall conduct a good job in examination and approval, archival filing and statistical work in strict accordance with the requirements of the Ministry of Commerce for networking and online joint annual inspection and by taking advantage of the networking certification system for foreign-funded enterprises. The related statistical data shall be in line with the requirements so that the Ministry of Commerce can keep informed of the situation and strengthen supervision.

4.

Nanjing Economic-Technological Area, the management system of which needs to be improved, has not set up an independent finance department yet. Nanjing Economic-Technological Area shall keep a close eye on and further resolve the problems in the management system, keep a concise and efficient management system, and improve the level for examining, approving and administrating the foreign-funded enterprises. Where any management system problem that may affect the work on examining, approving and administrating the foreign-funded enterprises is found, this Ministry will withdraw the authorized power of examination, approval and administration immediately.

5.

This circular shall enter into force as of the promulgation date.

Ministry of Commerce

February 12, 2007 Appendix: Related documents on entrusting the competent provincial departments of commerce to examine, approve and Administer foreign-funded service trade Enterprises

1.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Foreign-funded Non-vessel Shipping Enterprises (Shang Zi Han [2005] No. 89)

2.

Circular of the Ministry of Commerce on Entrusting the Provincial Administrative Departments of Commerce to Examine, Approve and Administer the foreign-funded Construction Enterprises (Shang Zi Han [2005] No. 90)

3.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and Administer the Foreign-funded Printing Enterprises (Shang Zi Han [2005] No. 91)

4.

Circular of the Ministry of Commerce on Entrusting the Administrative Departments of Commerce at the Provincial Level to Examine and Administer the Foreign-funded Designing Enterprises for Engineering Projects (Shang Zi Han [2005] No. 92)

5.

Circular of the Ministry of Commerce on Entrusting the Competent Provincial Departments of Commerce to Examine and Manage Some Foreign-funded Road Transport Enterprises (Shang Zi Han [2005] No. 93)

6.

Circular of the Ministry of Commerce on Entrusting Local Departments to Check Foreign-funded Commercial Enterprises (Shang Zi Han [2005] No. 94)

7.

Circular of the Ministry of Commerce about the related Issues on Entrusting National Economic and Technical Development Zones to Examine and Approve foreign-funded Commercial Enterprises and International Freight Forwarding Enterprises (Shang Zi Han [2005] No. 102)

8.

Measures for the Administration of Foreign-funded International Freight Forwarding Enterprises (Decree No. 19, 2005 of the Ministry of Commerce)