Laws of the People's Republic of China

Ministry of Commerce

Circular of the Ministry of Commerce on Printing and Distribution of the Registration System for Overseas Chinese Invested Enterprises (Organizations)

Competent departments of commerce in all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, all central enterprises, all the business departments (offices) of Chinese embassies (consulates) in the foreign countries,

With a view to strengthening the administration of overseas Chinese invested enterprises, the Ministry of Commerce formulated the Registration System for Overseas Chinese Invested Enterprises (Organizations) in accordance with the Provisions on the Examination and Approval of Investment to Run Enterprises Abroad (Decree No.16, 2004 of the Ministry of Commerce). It is hereby printed and distributed and shall be implemented accordingly.

It is hereby notified.

Ministry of Commerce

September 14, 2005

Registration System for Overseas Chinese Invested Enterprises (Organizations)

Article 1

For the purpose of improving the management on overseas Chinese invested enterprises (organizations) (hereinafter referred to as Chinese invested enterprises), strengthening coordination and guidance to Chinese invested enterprises as well as providing various public services and safeguarding the legitimate rights and interests of Chinese invested enterprises and their employees sent abroad, this System has been formulated in accordance with pertinent national regulations and Provisions on the Examination and Approval of Investment to Run Enterprises Abroad (Decree No.16, 2004 of the Ministry of Commerce).

Article 2

Chinese invested enterprises, which have been verified and approved by the Ministry of Commerce or the competent department of commerce at the provincial level, shall check in and register in the business departments (offices) of local Chinese embassies (consulates) on the strength of the Approval Certificate of People's Republic of China on Overseas Investment (including overseas processings and overseas organizations).

Article 3

Within 30 days after going through registration procedures in the investment countries, the person in charge of Chinese invested enterprises shall check in and register in the business departments (offices) of local Chinese embassies (consulates) with "The Registering Table of Overseas Chinese Invested Enterprises". (See attached table below, hereinafter referred to as "The Registering Table")

Article 4

The Chinese invested enterprises shall, when they are registering, submit "The Registering Table" to the business departments (offices) of local Chinese embassies (consulates), together with the following materials:

1.

The copies of approval papers from the Ministry of competent department of commerce at the provincial level;

2.

The copies of "The Approval Certificate of People's Republic of China on Overseas Investment" (including overseas processings and overseas organizations); and

3.

The copies of registering papers.

Article 5

The business departments (offices) of Chinese embassies (consulates) shall do well the registering work with a serious attitude, establish archives for Chinese invested enterprises and keep them in good order.

Article 6

The business departments (offices) of Chinese embassies (consulates) shall attach importance to strengthen ties with Chinese invested enterprises in their daily work, do a good job in coordinative guidance services and shall facilitate the success operations of Chinese invested enterprises. For emergencies occurred in Chinese invested enterprises or the host country, the business departments (offices) shall endeavor to maintain undisturbed connections with the enterprises and notify the domestic departments in charge and domestic investment bodies of the current situation and shall make thorough arrangements and handling measures to protect the various rights and interests of the Chinese invested enterprises and their employees.

Article 7

Domestic investment bodies shall submit the acknowledgement voucher of "The Registering Table" to the competent department of Commerce at the provincial level in time; Chinese invested enterprises set up by the central enterprises shall submit the acknowledgement voucher of "The Registering Table" to their domestic headquarters. Chinese invested enterprises' registration shall be under the joint annual check of the overseas investment.

Article 8

Enterprises set up by mainland investors in Hong Kong and Macau shall observe this System to check in and register at the Liaison Offices stationed there by the central government.

Article 9

The power to interpret this System shall remain with the Ministry of Commerce. htm/e04348.htm

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Annex:

The Registration Table of Overseas Chinese Invested Enterprises

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¡¡¡¡(The official seal of domestic investment body)

Made by Ministry of Commerce Department of Foreign Economy Cooperation

(The official seal of competent department of commerce at provinces, autonomous regions and municipalities or the central enterprises)

Year-month-date

Acknowledgement Voucher

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(Official seal of business department of embassy (consulate) or economic department of liaison office in HK or Macao)

Year-month-date