Laws of the People's Republic of China

Ministry of Commerce

Notice of the Ministry of Commerce on Regulating the Relevant Matters Regarding the Naming of Overseas Chinese-funded Enterprises and Institutions

The competent departments of commerce of all the provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning, and the competent departments of commerce of Xinjiang Production and Construction Corp.,

In order to regulate the names of overseas Chinese-funded enterprises and institutions, and according to the relevant laws and regulations and the Provisions on the Examination and Approval of Investments to Run Enterprises Abroad (Order No. 16 [2004] of the Ministry of Commerce), we hereby make a notice on the relevant matters as follows:

I.

The naming of overseas Chinese-funded enterprises (institutions) shall not disobey the relevant laws, regulations or rules of China, and not damage the external visualization and overall interests of China, and shall be in line with the provisions of local laws, regulations and folk and religious customs.

II.

The naming of overseas Chinese-funded enterprises (institutions) shall not damage the rights and interests of other domestic Chinese enterprises, foreign enterprises or other Chinese-funded enterprises invested in the host country.

III.

The Chinese and foreign names of overseas Chinese-funded enterprises (institutions) shall not use words such as "China", "Chinese" or "State" in its name without approval of the Central Government.

IV.

The descriptions concerning the industry, the form of organization or nature of business operations in the naming of overseas Chinese -funded enterprises (institutions) shall be conformed to the actual situation of its business operations.

V.

In the case of any alteration to the name of an overseas Chinese-funded enterprise (institution), the relevant formalities shall be handled in light of the provision on Article 11 of the Provisions on the Examination and Approval of Investments to Run Enterprises Abroad (Order No. 16 [2004] of the Ministry of Commerce).

VI.

The registered name of an overseas Chinese-funded enterprise (institution) at the locality shall be the same as that in the approval certificate.

All the provincial competent departments of commerce shall strictly enforce the Notice in the work relating to the examination and approval of investments to run enterprises abroad.

Ministry of Commerce

January 22, 2006