No.46 [2009] Decree of GAPP and MOFCOM on the Supplementary Provisions to the Measures for Administration of Sino-Foreign Cooperative Joint Venture Engaged in Distribution of Audio-visual Products

No.45 Degree [2009] of the General Administration of Press and Publication and the Ministry of Commerce

The Supplementary Provisions to the Measures for Administration of Sino-Foreign Cooperative Joint Venture Engaged in Distribution of Audio-visual Products, which was passed in the 2^nd executive meeting of the General Administration of Press and Publication on Jul.10, 2009 and the Ministry of Commerce, is hereby promulgated and shall enter into force on Oct.1, 2009.

Minister of the General Administration of Press and Publication   Liu Binjie

Commerce Minister   Chen Deming

Apr.20, 2009

Supplementary Provisions to the Measures for Administration of Sino-Foreign Cooperative Joint Venture Engaged in Distribution of Audio-visual Products

For the purpose of promoting a closer economic and trade relationship between the mainland of China and Hong Kong and Macau, and encouraging service providers from Hong Kong and Macao to establish commercial enterprises in the mainland, the supplementary provisions to the Measures for the Administration of Sino-Foreign Cooperative Joint Venture Engaged in Distribution of Audio-visual Products (No. 28 Decree of the Ministry of Culture and MOFCOM) are formulated as follows in accordance with the Supplementary Agreement to the Mainland and Hong Kong Closer Economic Partnership Arrangement VI and the Supplementary Agreement to the Mainland and Macao Closer Economic Partnership Arrangement VI approved by the State Council:

1. Service providers from Hong Kong and Macau are allowed to provide service of distribution of audio-visual products (inclusive of post-film products) in the mainland in form of sole investment.

2. The service items regarding distribution of audio-visual products provided by providers from Hong Kong and Macao in the mainland shall comply with the relevant laws and regulations of the mainland and the provisions of the examination system.

3. The service providers from Hong Kong and Macao shall meet the definition of "the service providers" and other relevant requirements in the Mainland and HK Closer Economic Partnership Arrangement or in the Mainland and Macao Closer Economic Partnership Arrangement respectively.

4. Other issues concerning the investment of service providers from Hong Kong and Macau in establishment of a wholly foreign-owned enterprises engaged in distribution of audio-visual products in the mainland shall be subject to the Measures for Administration of Sino-Foreign Cooperative Joint Venture Engaged in Distribution of Audio-visual Products.

5. The Provisions herein shall enter into force on Oct.1, 2009.