Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation for Transmitting the Urgent Circular of the General Office of the State Council Concerning Immediate Termination of Unauthorized Local Examination and Approval of Commercial Enterprises with Foreign Investment

WaiJingMaoZiFa [1997] No. 290

May 13, 1997

Commissions (departments, bureaus) of foreign trade and economic cooperation in all provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan, Foreign Investment Commissions of Heilongjiang Province, Shanghai and Xiamen, and Shenzhen Foreign Investment Office:

Since the decision of the State Council in July 1992 to set up Chinese-foreign equity joint ventures and Chinese-foreign contractual commercial retailers on a pilot basis, the work has been progressing smoothly and has exerted positive effects on the reform and development of Chinese commercial enterprises. However, some local governments, disregarding the provisions of the State Council, approved and opened some commercial enterprises with foreign investment without authorization, which resulted in disorderly administration on the examination and approval of commercial projects with foreign investment, disoriented development and mode of cooperation inconsistent with the state policies, etc. And it further brought confusion to and negative impact on the pilot work of foreign capital utilization in the commercial sector. As agreed upon by the State Council, to safeguard the uniformity and solemnity of the state policies and to ensure further and sounder development of the pilot work in Chinese commercial sector in an orderly manner, the Urgent Circular of the General Office of the State Council Concerning Immediate Termination of Unauthorized Local Examination and Approval of Commercial Enterprises with Foreign Investment is hereby transmitted to you for full implementation.