AQSIQ CREATE CONFIDENCE !

To ensure the effective implementation of the “Foreign Investment Law”, implement the “Notice of the General Office of the State Council on Focusing on Enterprises’ Concerns and Further Promoting the Implementation of the Optimized Business Environment Policy”

The Ministry of Commerce of China has cleaned up the regulatory documents. It is decided to abolish 56 normative documents, which are now announced. Withdrawn from January 1, 2020.

Ministry of Commerce of China

The Negative list foreign investment that China’s Ministry of Commerce decided to abolish is as follows:

  • 1. Notice of the Ministry of Foreign Economy and Trade on the question of whether Chinese or foreign investors in joint ventures or joint ventures can use the leased equipment as registered capital to invest in joint ventures (Foreign Economic and Trade Law [1986] No. 12)
  • 2. Notice of the Ministry of Foreign Economic Relations and Trade on the Implementation of the Interim Provisions on the Duration of Joint Ventures of Sino-foreign Joint Ventures (Foreign Trade and Economic Development [1991] No. 454)
  • 3. Notice of the Ministry of Foreign Trade and Economic Cooperation on Issues Related to Absorbing Foreign Investment by BOT (Foreign Economic and Trade Law Letter [1994] No. 89)
  • 4. Notice of the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce on the relevant regulations and procedures for foreign-invested enterprises to adjust the total investment and registered capital (Foreign Economic and Trade Law [1995] No. 366)
  • 5. Notice of the Ministry of Foreign Trade and Economic Cooperation on the Promulgation of the “Implementation of Certain Provisions on the Implementation Rules of the Law of the People’s Republic of China on Sino-foreign Cooperative Enterprises” (Foreign Economic and Trade Law [1996] No. 658)
  • 6. Reply of the Ministry of Foreign Trade and Economic Cooperation on the question of foreign mortgage of property or rights of foreign-funded enterprises (Foreign Economic and Trade Law Letter [1996] No. 66)
  • 7. Notice of the Ministry of Foreign Trade and Economic Cooperation on Printing and Distributing the Guiding Opinions on Solving the Problem of Directors of Foreign-Invested Enterprises Not Attending Board Meetings of Enterprises (Foreign Economic and Trade Law [1998] No. 302)
  • 8. Notice of the Ministry of Foreign Trade and Economic Cooperation on Strengthening the Administration of Examination and Approval of Foreign-Invested Enterprises (Foreign Trade and Economic Cooperation Letter [1998] No. 260)
  • 9. Notice of the Ministry of Foreign Trade and Economic Cooperation and the China Securities Regulatory Commission on Printing and Distributing “Several Opinions on Listed Companies Related to Foreign Investment-related Issues” (Foreign Economic and Trade Capital Development [2001] No. 538)
  • 10. Circular of the Ministry of Foreign Economic Relations and Trade Cooperation on Issues concerning the Pilot Establishment of Foreign-invested Logistics Enterprises (Foreign Economic and Trade Capital Letter No. [2002] No. 615)
  • 11. Ministry of Commerce, Ministry of Finance, State-owned Assets Supervision and Administration Commission of the State Council, China Securities Regulatory Commission Announcement No. 25 of 2003-Issues Concerning the Transfer of State-owned Shares and Legal Person Shares of Listed Companies to Foreign Investors.
  • 12. Notice of the General Office of the Ministry of Commerce and the State-owned Assets Supervision and Administration Commission of the State Council on Relevant Issues concerning the Declaration Process for the Transfer of State-owned Shares of Listed Companies to Foreign Investors and Foreign-Invested Enterprises (Shangzizi [2004] No. 1)
  • 13. Letter from the Ministry of Commerce on the question of termination of liquidation and resumption of operations by foreign-invested enterprises during the liquidation process (Commercial Letter [2004] No. 45)
  • 14. Opinions of the Ministry of Commerce on Relevant Issues concerning Application for Extension of Foreign-Invested Enterprises (Commercial Law Letter [2004] No. 71)
  • 15. Notice of the Ministry of Commerce on Doing a Good Job in the Examination and Approval of Foreign-Invested Enterprises in Accordance with the Law (Commercial Letter [2005] No. 3)
  • 16. Notice of the General Office of the Ministry of Commerce on Forwarding the Reply of the Legal Affairs Office of the State Council on the Specific Application Issues of Investment and Liquidation of Investors in Foreign-Invested Enterprises (Commercial Law [2005] No. 32)
  • 17. Notice of the General Office of the Ministry of Commerce on Strengthening the Examination and Approval Management of Foreign Investment in Disposal of Non-performing Assets (Shangzizi [2005] No. 37)
  • 18. Announcement of the Ministry of Commerce No. 59 of 2005-decentralization of foreign-invested enterprises’ filing authority and approval management certificate issuance, further simplifying the approval process.
  • 19. Reply of the General Office of the Ministry of Commerce on issues related to changes in equity of foreign-invested enterprises (Commercial Measures Letter [2006] No. 32)
  • 20. Notice of the Ministry of Commerce on Further Improving the Work of Attracting Foreign Investment in the Logistics Field (Commercial Letter [2006] No. 38)
  • 21. Guiding Opinions of the General Office of the Ministry of Commerce on Dissolving and Liquidation of Foreign-invested Enterprises in Accordance with the Law (Shangfa Zi [2008] No. 31)
  • 22. Notice of the Ministry of Commerce on Doing a Good Job in the Filing of Foreign-Invested Real Estate Industry (Commercial Letter [2008] No. 23)
  • 23. Notice of the Ministry of Commerce on Issues Related to the Circulation of Unlisted Foreign Shares Transferred to B Shares by Foreign Investment Co., Ltd. (Shangzihan [2008] No. 59)
  • 24. Notice of the Ministry of Commerce on Further Strengthening the Review and Filing of Macro-control Regarding Foreign Investment (Commercial Letter [2008] No. 54)
  • 25. Notice of the Ministry of Commerce on Further Simplifying and Regulating Administrative Licensing for Foreign Investment (Commercial Letter [2008] No. 21)
  • 26. Notice of the Ministry of Commerce on Decentralizing the Examination and Approval of Commercial Enterprises with Foreign Investment (Commercial Letter [2008] No. 51)
  • 27. Notice of the Ministry of Commerce on Provincial Departments of Commerce and National Economic and Technological Development Zones Responsible for Examining and Approving Certain Foreign-Invested Enterprises in the Service Industry
  • 28. Guiding Opinions of the Ministry of Commerce on Establishing a Comprehensive Evaluation System for Investment Promotion and Selection (Shangzifa [2008] No. 510)
  • 29. Notice of the Ministry of Commerce on Strengthening the Statistics of Land Use for Foreign Investment (Shangzihan [2008] No. 89)
  • 30. Notice of the Ministry of Commerce on the review and management of some foreign-invested enterprises in the service industry by the provincial competent commercial department and the National Economic and Technological Development Zone (Commercial Letter [2009] No. 2)
  • 31. Notice of the Ministry of Commerce on Further Improving the Examination and Approval of Foreign Investment (Shangzihan [2009] No. 7)
  • 32. Notice of the Ministry of Commerce on the Examination and Approval of Foreign-invested Venture Capital Enterprises and Venture Capital Management Enterprises (Commercial Letter [2009] No. 9)
  • 33. Notice of the Ministry of Commerce on Decentralizing the Examination and Approval Authority of Foreign Investment to Hold Investment Companies (Commercial Letter [2009] No. 8)
  • 34. Notice of the General Office of the Ministry of Commerce on Determining the Adjustment Time of the Automatic Import License Issuance Platform for Foreign-Invested Enterprises (Shangban Capital Letter [2009] No. 56)
  • 35. Notice of the Ministry of Commerce on Provincial Competent Commercial Departments and National Economic and Technological Development Zones Examining and Managing Some Matters Related to Foreign-Invested Enterprises in the Service Industry (Commercial Letter [2009] No. 6)
  • 36. Notice of the Ministry of Commerce on Strengthening the Management of Foreign Investment to Guide the Healthy Development of the Industry (Shangzifa [2009] No. 573)
  • 37. Notice of the Ministry of Commerce on Printing and Distributing the Comprehensive Statistics System for National Economic and Technological Development Zones (Revised Draft) (Shangzihan [2010] No. 148)
  • 38. Notice of the Ministry of Commerce on Issues Concerning the Decentralization of Foreign Investment Examination and Approval Authority (Shang Zi Fa [2010] No. 209)
  • 39. Notice of the General Office of the Ministry of Commerce on Issues Concerning the Examination and Approval of Foreign-Invested Internet and Vending Machine Sales Projects (Shangzi Zi [2010] No. 272)
  • 40. Notice of the Ministry of Commerce on matters related to the review and management of foreign-invested financing guarantee companies (Shangzihan [2010] No. 762)
  • 41. Notice of the Ministry of Commerce on Issues Concerning the Management of Foreign Investment (Commercial Letter [2011] No. 72)
  • 42. Notice of the Ministry of Commerce on Printing and Distributing the “Comprehensive Statistical System for National Economic and Technological Development Zones and Border Economic Cooperation Zones” (Revised Draft) (Commercial Letter [2012] No. 144)
  • 43. Notice of the Ministry of Commerce on Improving Filing Management of Foreign-invested Venture Capital Enterprises (Shangzihan [2012] No. 269)
  • 44. Notice of the Ministry of Commerce on the pilot establishment of commercial factoring enterprises by service providers in Hong Kong and Macau in Shenzhen and Guangzhou (Shang Zi Han [2012] No. 1091)
  • 45. Ministry of Commerce Notice on Matters Concerning Hong Kong and Macao Service Providers to Hold Profitable Elderly Care Institutions and Disabled Persons Service Institutions in the Mainland (Shang Zi Han [2013] No. 67)
  • 46. ​​Notice of the General Office of the Ministry of Commerce on Strengthening and Improving the Examination and Management of Foreign-Invested Financing Leasing Companies (Shangban Capital Letter [2013] No. 657)
  • 47. Ministry of Commerce Announcement No. 41 of 2014-Announcement on Carrying out Standardization and Optimization of Foreign Investment Approval Pilot Work.
  • 48. Letter of the General Office of the Ministry of Commerce on issues related to the transformation of Chinese-foreign joint ventures and other types of enterprises into foreign-invested joint stock companies (Shangban Capital Letter [2014] No. 516)
  • 49. Notice of the Ministry of Commerce and the State Administration of Foreign Exchange on Improving the Filing of Foreign-invested Real Estate (Shangzihan [2014] No. 340)
  • 50. Notice of the General Office of the Ministry of Commerce on Clarifying the Examination and Approval Authority of Foreign-invested Funeral and Interment Service Facilities (Shangban Capital Letter [2015] No. 123)
  • 51. Notice of the Ministry of Commerce on Further Improving the Filing of Foreign-invested Real Estate (Shangzihan [2015] No. 895)
  • 52. Announcement No. 20 of 2016 from the Ministry of Commerce on Measures for the Administration of Filing of Investment Investments by Hong Kong and Macau Service Providers in the Mainland (Trial)
  • 53. Notice of the Ministry of Commerce, the Ministry of Finance, the State Administration of Taxation and the Statistics Bureau on the joint reporting of annual investment and operation information of foreign-invested enterprises in 2015 (Shangzihan [2015] No. 366)
  • 54. Notice of the Ministry of Commerce, the Ministry of Finance, the State Administration of Taxation and the Bureau of Statistics on carrying out the joint reporting of annual investment and operation information of foreign-invested enterprises in 2016 (Commercial Letter [2016] No. 223)
  • 55. Ministry of Commerce, Ministry of Finance, General Administration of Taxation, General Administration of Quality Supervision, General Administration of Statistics Notice on Launching the 2017 Joint Report on Annual Investment and Operation Information of Foreign-Invested Enterprises (Commercial Letter [2017] No. 130)
  • 56. Ministry of Commerce Notice of the Ministry of Finance, the General Administration of Taxation, the General Administration of Quality Supervision, the Bureau of Statistics, and the State Administration of Foreign Exchange on the Joint Report on Annual Investment and Operational Information of Foreign-Invested Enterprises in 2018 (Commercial Letter [2018] No. 92)
  • Signals to the market

    Continue to reduce the negative list of foreign investment, guide enterprises to develop diversified export markets, reduce the overall level of tariffs, promote the construction of Hainan free trade port, accelerate the negotiation of multi-lateral free trade agreements, and open up the Chinese market to the outside world.

    AQSIQ pointed out that a series of opening-up measures sent a clear signal that opening to the outside world in 2020 will continue to go in a larger, wider, and deeper direction, which is good news for China and the global economy.

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