Laws of the People's Republic of China

The Ministry of Commerce

Notice of the Ministry of Commerce on Issues concerning Entrusting State-level Economic and Technological Development to Examine and Approve Foreign Investment Commercial Enterprises and Agent Enterprises of International Freight Forwarding

Shang Zi Han [2005] No.102

February 9, 2006

To the departments responsible for commerce of all provinces, autonomous region, municipalities under the central government, cities directly under State planning and Xinjiang Production and Construction Corps, all state-level economic and technological development zones, Xiamen Haicang Taiwanese Investment. Zone, Shanghai Jinqiao Export Processing Zone, Hainan Yangpu Economic Development Zone, Ningbo Daxie Development Zone, Suzhou Industrial Park:

In order to implement Notice of the General Office of the State Council on Forwarding the Opinions on Promoting the Further Development of State-level Economic and Development Zones (Guo Ban Fa [2005] No.15), to further promote the effective absorption of foreign capital by state-level economic and technological development zone, to further streamline the approval procedure and improve its efficiency in line with the requirement of the State Council on streamlining executive approval, in accordance with the relevant spirit of Circular of the Ministry of Commerce of the People's Republic of China, on Issues of Relegating the Department Concerned Examining and Approving of Foreign-funded Commercial Enterprises to Local Government(Shang Zi Han[2005]No.94) and Decree No. 19, 2005 of the Ministry of Commerce of the People's Republic of China, Promulgating the Revised Measures for Administration of Foreign-funded International Forwarding Agent, the notice concerning Entrusting State-level Economic and Technological Development to Examine and Approve Foreign Investment Commercial Enterprises and Agent Enterprises of International Freight Forwarding is, after research and decision, hereby given as follows:

First, the management committee state-level economic and technological development zone shall, in accordance with the requirement in Circular of the Ministry of Commerce of the People's Republic of China, on Issues of Relegating the Department Concerned Examining and Approving of Foreign-funded Commercial Enterprises to Local Government as well as relevant laws, regulations, and rules concerning foreign investment, be entrusted to examine and approve the establishment and alteration of foreign enterprises, issue approval certificates and submit them the Ministry of Commerce for record and submit the copies hereof to provincial commercial departments for record. The management committee of state-level economic and technological development zone shall, as for the commercial enterprise website beyond its examination and approval, solicit the relevant commercial departments where the website locates for their opinion upon the examination and approval of the website programming.

Second, the international agent enterprises of international express delivery operated by foreign investors shall be subject to the examination, approval and administration of the Ministry of Commerce. The establishment, alteration, issuing of approval certificate of otherwise international freight agent enterprises operated by foreign investors shall be entrusted to the management committee of state-level economic and technological development zone to be responsible for its examination, approval and submit to the Ministry of Commerce for record in accordance with the relevant requirement of Decree No. 19, 2005 of the Ministry of Commerce of the People's Republic of China, Promulgating the Revised Measures for Administration of Foreign-funded International Forwarding Agent, as well as laws, regulations and rules concerning foreign investment.

Third, the other businesses of aforesaid industries shall, except those subject to entrustment of the Ministry of Commerce for examination and approval, be conducted in accordance with Measures for the Administration on Foreign Investment in Commercial Fields, and Measures for the Administration of Foreign-funded International Freight Forwarding Enterprises.

Fourth, the management committee of state-level economic and technological development zone shall, entrusted by the Ministry of Commerce to be engaged in foreign investment commerce, international freight forwarding agent enterprises, meet the following conditions:

(1)

It shall implement streamlined and efficient administrative system in accordance with Notice of the General Office of the State Council on Forwarding the Opinions on Promoting the Further Development of State-level Economic and Development Zones (Guo Ban Fa [2005] No.15).

(2)

It shall link its website with that of the Ministry of Commerce to issue approval certificate for foreign-funded enterprises via foreign investment statistics system and inform promptly the Ministry of Commerce its implementation of examination and approval of foreign investment commerce, international freight forwarding agent enterprise via Internet.

Fifth, after state-level economic and technological development zone has completed management system record, personnel training and approved its qualification after acceptance via internet, the Ministry of Commerce shall separately undertake the corresponding entrustment procedures in batches