Circular of the MOFCOM on Delegating Matters Concerning the Examination and Approval of Foreign-invested Commercial Enterprises

Shang Zi Han [2008] No.51

Commercial departments and state-level economic and technology development zones of provinces, autonomous regions, municipalities directly under the Central Government, separately planning cities and Xinjiang Production and Construction Corp.,

For the purpose of implementing the spirit of the Second Plenary Session of the 17th Central Committee of the Communist Party of China, further transforming the work functions of government and improving the examination and approval work of foreign investment, the relevant matters are hereby notified as follows according to the Decision of the State Council on Canceling and Adjusting the Fourth Batch of Items Subject to Administrative Examination and Approval (Guo Fa [2007] No.33):

Ⅰ.The establishment of commercial enterprises with foreign investment and alternation of the established foreign-invested commercial enterprises shall be examined and verified by the commercial departments at provincial level (except for the matters involved in Article 2 herein).

Ⅱ.The enterprises that engage in non-store retailing through TV, telephone, mail order, Internet, vending machines, etc. or deal with the wholesale of audio-visual products and sale of books, newspapers and periodicals shall continue to be examined and approved by the Ministry of Commerce.

Ⅲ.The commercial departments at provincial level shall examine and verify the foreign-invested commercial enterprises strictly in accordance with the relevant laws, regulations, provisions and industrial policies, and submit the relevant approvals and replies in a timely manner to the Ministry of Commerce for filing.

Ⅳ.The Circular shall enter into force as of the date of publication.

Ministry of Commerce of the People’s Republic of China

September 12, 2008