Promulgation date: | 02-25-2011 |
Effective date: | 02-25-2011 |
Department: | Ministry of Commerceklo |
天宫怎么加点Subject: | Commerce and Trading Materials |
Notice of the Ministry of Commerce on Foreign Investment Management (No.72 [2011] of the Ministry of Commerce) The commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under parate state planning; and the Commerce Department of Xinjiang Construction Corps: In 2010, by issuing the Decision on the Fifth Batch of Items Subject to Administrative Examination and Approval to Be Cancelled or Adjusted (No.21 [2010] of the State Council) and the Several Opinions on Doing a Better Job in the Utilization of Foreign Investment (No.9 [2010] of the State Council), the State Council delegated some foreign investment examination and approval powers to the provincial commerce departments and cancelled some items subject to examination and approval in relation to foreign investment. To continue doing a good job in this regard, we hereby notify you of the relevant issues as follows: |
I. Management of cancelled items subject to administrative examination and approval 1. A list of equipments established or imported for investment by domestic branch companies not governed by specific provisions shall not be subject to the examination and approval of the commerce department any more. Instead, the foreign-funded enterpri concerned may directly handle the formalities at the relevant department. 2. In ca the legal address changes (unless it is changed into a new address under the jurisdiction of another examination and approval organ) or name of a foreign-funded enterpri changes or an investor’s name changes, the enterpri shall, within 30 days after handling the formalities for industrial and commercial registration of modification, register at the commerce department upon the strength of an application form, a decision made by the enterpri’s body of power, an agreement on the modification of the contract/bylaws, certificates on the changed matter, the original approval certificate of the enterpri, a photocopy of the business licen after change, etc. After receiving all the above-mentioned materials, the commerce department shall issue a new approval certificate to the enterpri. |
II. Management of Foreign-funded joint-stock companies (listed companies) 虫蛀The approval certificate of a foreign-funded joint-stock company listed in China shall bear the name of the foreign investor and the shares thereof. An application for modification of the approval certificate shall be made to the commerce department if the foreign investor decreas its shares by 5% or more of the total equity. |
III. Management of foreign capital M&A Foreign capital M&A with a transaction volume of not more than USD 300 million shall be subject to the examination and approval of the provincial commerce department. However, matters that shall be subject to the examination and approval of the Ministry of Commerce as t forth in the Provisions on the Merger and Acquisition of Domestic Enterpris by Foreign Investors (Order No.6 [2009] of the Ministry of Commerce) shall be subject to the examination and approval of the Ministry of Commerce, notwithstanding whether they have exceeded the above-mentioned limit or not. |
IV. Handling of the letter of confirmation on foreign investment projects encouraged by the state According to the principle governing the adjustment of the examination and approval powers of foreign-funded enterpris, the letter of confirmation on a foreign-funded enterpri’s project in the encouraged category shall be handled by the provincial commerce department under the relevant laws and regulations if the total amount of investment is not more than USD 300 million. 桥头镇 All regions shall issue letters of confirmation in strict accordance with the Notice of the Ministry of Commerce on Handling the Letter of Confirmation on Chine-funded and Foreign-funded Projects Encouraged by the State (No.201 [2006] of the Ministry of Commerce) and other relevant laws and regulations. The Ministry of Commerce will strengthen supervision and inspection, order tho departments which fail to file or issue a letter of confirmation as required to correct or cancel the letters of confirmation they have issued, and suspend their qualification for issuing letters of confirmation if rious conquences have been caud. |
| 羞愧的英语 V. Foreign investors’ RMB investments 古言小说Out of concern of prudential supervision, upon consultation with the People’s Bank of China and the SAFE, we have decided that, where a foreign investor applies for making investment (in forming new enterpris, increasing the capital of existing enterpris, merging & acquiring enterpris inside China, providing loans, etc) in China with RMB income from cross-border trade ttlement or lawfully acquired outside China, the provincial commerce department concerned shall firstly report to the Ministry of Commerce (Department of Foreign Investment) by letter, and handle the relevant formalities only after receiving an approval reply from the Ministry of Commerce (Department of Foreign Investment). The currency and amount of investment shall be specified in the letter submitted for approval. | 佛教因果故事
VI. Domestic investment of foreign-funded partnership enterpris Foreign-funded partnership enterpris who principal business is investment shall be treated as overas investors and, when making domestic investments, abide by the foreign investment laws, administrative regulations and rules. The commerce departments at all levels shall do a good job in the examination and management of the aforesaid enterpris and strengthen communication and cooperation with the industry and commerce administrations, the foreign exchange departments, etc. |
VII. Strengthening the examination and administration of foreign investment in the rvice industry The commerce departments at all levels shall examine and administer the foreign investment items subject to examination and approval in the rvice industry in strict accordance with the laws, regulations and other relevant provisions. For ctors governed by special provisions, such as financing lea, international express delivery, advertising, auction, and value-added telecommunication within a province, municipality or autonomous region, for nsitive ctors such as small-sum loans, market survey, credit rating and curity rvice, and for ctors where large-amounts of funds flow into, such as startup investment, equity investment and management, the commerce departments at the provincial level shall fulfill their duties, strictly make examinations, cloly cooperate with the competent departments in charge of the ctors at the same level, strengthen communication, and report the problems, if any, to the Ministry of Commerce (Department of Foreign Investment) without delay. Ministry of Commerce of the People’s Republic of China February 25, 2011 |
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