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	SUPPLEMENTARY PROVISIONS OF THE MINISTRY OF COMMUNICATIONS AND MINISTRY OF COMMERCE ON THE PROVISIONS ON THE ADMINISTRATION OF FOREIGN INVESTMENT IN THE ROAD TRANSPORT SECTOR

	(Order No.12 of the Ministry of Transport and the Ministry of Commerce promulgated on December 31, 2003; shall come into force as of January 1, 2004)


SUBJECT : ROAD TRANSPORT; FOREIGN INVESTMENT
ISSUING DEPARTMENT : THE MINISTRY OF TRANSPORT, MINISTRY OF COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/31/2003
IMPLEMENT DATE : 01/01/2004
LENGTH : 336 words
TEXT :

In order to promote the establishment of closer economic partnership between Hong Kong, Macao and the Mainland of China, and to encourage Hong Kong service suppliers and Macao service suppliers to set up enterprises engaging in road services in the mainland of China, the following supplementary provisions are hereby made with respect to the Provisions on the Administration of Foreign Investment in the Road Transport Sector, and in accordance with the Mainland/Hong Kong Closer Economic Partnership Arrangement and Mainland/Macao Closer Economic Partnership Arrangement approved by the State Council:

1. As of January 1, 2004, Hong Kong service suppliers and Macao service suppliers are allowed to set up solely-funded enterprises to provide road passenger transport services in the western areas of the mainland of China.

2. As of January 1, 2004, Hong Kong service suppliers and Macao service suppliers are allowed to set up solely-funded enterprises to provide road cargo transport services in the mainland of China.

3. As of January 1, 2004, Hong Kong service suppliers and Macao service suppliers are allowed to provide "non-stop" cargo transport services from Hong Kong, Macao to the provinces, municipalities, and autonomous regions of the mainland of China.

4. To provide "non-stop" freight services in the mainland of China, Hong Kong service suppliers and Macao service suppliers must set up solely-funded, joint equity or contractual joint enterprises in the mainland of China, and must obtain the license for road transport.

5. The Hong Kong service suppliers and Macao service suppliers prescribed herein shall respectively meet the definition of "service suppliers" and the relevant provisions in the Mainland/Hong Kong Closer Economic Partnership Arrangement and the Mainland/Macao Closer Economic Partnership Arrangement.

6. Except the abovementioned clauses, other matters shall be executed in accordance with the Provisions on the Administration of Foreign Investment in the Road Transport Sector.

7. The power to interpret the present Supplementary Provisions shall remain with the Ministry of Communications and the Ministry of Commerce.

8. The present Supplementary Provisions shall come into force as of January 1, 2004.