Laws of the People's Republic of China

Reply of the Supreme Court of the People's Republic of China to the Letter of the Ministry of Commerce concerning Confirmation of Whether the "Provisions on Some Issues Regarding to the Trial of Civil Dispute Cases Related to the Enterprise Restructuring" Is Applicable to Foreign Investment

Min Er Wai Fu [2003] No.13

The Ministry of Commerce of the People's Republic of China,

We have received your Letter of Shang Fa Han [2003] No. 33 for Confirmation of Whether the "Provisions on Some Issues Regarding to the Trial of Civil Dispute Cases Related to the Enterprise Restructuring" Is Applicable to Foreign Investment, which was sent to us on September 12, 2003. We hereby make the following reply after deliberation:

Although the acts of joint venture and cooperation between Chinese enterprises and foreign enterprises, and the investment acts of foreign enterprises in China do concern the alteration of owners, assets and capital of enterprises, and the shareholders thereof, they don't fall within the category of state-owned enterprises restructuring, and there are special laws and regulations to regulate them, therefore the foreign investment acts shall not be regulated by the above-mentioned judicial interpretation.

Letter of the Ministry of Commerce concerning the Confirmation of Whether the "Provisions on Some Issues Regarding to the Trial of Civil Dispute Cases Related to the Enterprise Restructuring" Is Applicable to Foreign Investment (Omitted)

The Supreme People's Court of the People's Republic of China

October 20, 2003