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	NOTICE OF THE GENERAL OFFICE OF THE MINISTRY OF COMMERCE ABOUT FURTHER CLARIFYING THE PROCEDURES FOR THE APPLICATION FOR, EXAMINATION AND APPROVAL OF FOREIGN-FUNDED COMMERCIAL ENTERPRISES

	(No. 84 [2004] of the Ministry of Commerce, November 12, 2004 )


SUBJECT : FOREIGN-FUNDED COMMERCIAL ENTERPRISES
ISSUING DEPARTMENT : MINISTRY OF COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 11/12/2004
IMPLEMENT DATE : 11/12/2004
LENGTH : 534 words
TEXT :

After the promulgation of the Measures for the Administration on Foreign Investments in Commercial Fields (hereinafter referred to the Measures), some local commerce administrative departments inquired of this Ministry about how to make the relevant applications for foreign-invested commercial enterprises in case that the foreign trade and economic cooperation commission (department or bureau) of a province (autonomous region, municipality directly under the Central Government, or city directly under state planning) and the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level fail to become combined. In order to clarify the above-mentioned question, we hereby make the following notice:

Under the Measures, the foreign trade and economic cooperation commission (department or bureau) of the province (autonomous region, municipality directly under the Central Government, or city directly under state planning) shall accept an application for the establishment of an enterprise that shall be subject to the examination and approval of the Ministry of Commerce (hereinafter referred to as the MOFCOM), but it shall seek the opinion of the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level on the report of feasibility study. Upon consent of the latter, it shall submit the aforesaid application to the MOFCOM for examination and approval. The MOFCOM shall issue an approval document about the report of feasibility study and the establishment of enterprise as well as a foreign-invested enterprise approval certificate. As to an application for launching branch stores in multi-provincial areas, the MOFCOM shall seek the opinion of the foreign trade and economic cooperation commission (department or bureau) where each branch store is located. The latter shall, upon consent of the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level, give a reply within 1 month after it receives the consultation letter of the MOFCOM.

Under the Measures, the foreign trade and economic cooperation commission (department or bureau) of the province (autonomous region, municipality directly under the Central Government, or city directly under state planning) shall accept an application for the establishment of an enterprise that shall be subject to the examination and approval of the provincial commerce administrative department, but it shall seek the opinion of the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level on the report of feasibility study. Upon consent of the latter, it shall make examination and approval, and issue an approval document. After the approval document is signed by the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level, the foreign trade and economic cooperation department (bureau) shall issue a foreign-funded enterprise approval certificate. As to an application for launching branch stores in multi-provincial areas, the foreign trade and economic cooperation commission (department or bureau) where the enterprise is registered shall seek the opinion of the foreign trade and economic cooperation commission (department or bureau) where each branch store is located. The latter shall, upon consent of the economic and trade commission (commerce commission, commerce bureau or domestic trade office) of the same level, give a reply within 1 month after it receives the consultation letter.