Laws of the People's Republic of China

General Office of Ministry of Commerce

General Office of the Ministry of Commerce Notice about Further Clarifying the Procedures for the Application for, Examination and Approval of Foreign-funded Commercial Enterprises

Shang Zi Zi [2004] No. 84

After the promulgation of the Measures for the Administration on Foreign Investments in Commercial Fields (hereinafter referred to as the Measures), some local competent commercial departments inquired of this Ministry about how to make the relevant applications for foreign-invested commercial enterprises in case that the foreign trade and economic cooperation commission (department or bureau) of a province (autonomous region, municipality directly under the Central Government, or city specifically designated in the state plan) fail to become combined with the economic and trade commission (commerce commission, commerce bureau or domestic trade office) . In order to clarify the above-mentioned issues, we hereby make the following notice:

In light of the provisions of the Measures, the foreign trade and economic cooperation commission (department or bureau) of the province (autonomous region, municipality directly under the Central Government, or city specifically designated in the state plan) shall accept an application for the establishment subject to the examination and approval of the Ministry of Commerce (hereinafter referred to as the MOFCOM), but it shall solicit the opinion of the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level on the report of feasibility study. Upon the consent of the latter, it shall submit the aforesaid application to the MOFCOM for examination and approval. The MOFCOM shall release an approval document about the report of feasibility study and the establishment of enterprise as well as a foreign-invested enterprise approval certificate. With regard to an application for launching branch stores in multi-provincial areas, the MOFCOM shall solicit the opinion of the foreign trade and economic cooperation commission (department or bureau) where each branch store is located. The latter shall, upon the consent of the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level, give a reply within 1 month as of the receipt of the consultation letter of the MOFCOM.

In light of the Measures, the foreign trade and economic cooperation commission (department or bureau) of the province (autonomous region, municipality directly under the Central Government, or city specifically designated in the state plan) shall accept an application for the establishment of an enterprise subject to the examination and approval of the provincial commerce administrative department, but it shall solicit the opinion of the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level on the report of feasibility study. Upon the consent of the latter, it shall make examination and approval, and release an approval document. After the approval document is signed by the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level, the foreign trade and economic cooperation department (bureau) shall release a foreign-funded enterprise approval certificate. With regard to an application for launching branch stores in multi-provincial areas, the foreign trade and economic cooperation commission (department or bureau) where the enterprise is registered shall solicit the opinion of the foreign trade and economic cooperation commission (department or bureau) where each branch store is located. The latter shall, upon the consent of the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level, give a reply within 1 month as of the receipt of the consultation letter. In case of any problem, please contact this Ministry (Foreign Investment Department or Market Construction Department) immediately.

General Office of the Ministry of Commerce

November 12, 2004