Administrative commercial sectors in all the provinces, autonomous regions, municipalities directly under central government, separately listed cities and Xinjiang production and construction corps of CPLA: Several Provisions Concerning the Investments Made by the Various Parties to Chinese-foreign Equity Joint Ventures (approved by the State Council on Dec 30, 1987, "Investment Provisions" for short in the following), Supplementary Provisions to Several Provisions Concerning the Investment Made by the Various Parties to Chinese-foreign Equity Joint Ventures (approved by the State Council on Sep 2, 2997, and promulgated by Ministry of Foreign Trade and Economic Cooperation and State Administration of Industry and Commerce Decree No.2, 1997) and Procedures for Liquidation of Foreign-Funded Enterprises (approved by the State Council on Jun 15, 1996, and promulgated by Ministry of Foreign Trade and Economic Cooperation Decree No.2, 1996) are playing a very important role in regulating use of foreign investment and promoting the health development of foreign-invested enterprises, however, some relevant hard problems still exist in working of Ministry of Commerce and local administrative commercial departments of different levels. For example, in case the interested parties cannot agree on payment, how to use Article 7 of Investment Provisions; or how to use Article 7of Procedures for Liquidation of Foreign-Funded Enterprises to avoid loose of Liquidation enterprises because of halt of the original regular business. Ministry of Commerce summed up problems and sent a letter to the legislative affairs office of the State's Council for explanations, and received reply a few days ago. The reply plays an important role in guiding the local administrative commercial departments of different levels to correctly implement relevant administrative regulations and strictly administer by law. For an exact understanding of the reply of all local administrative commercial departments of different levels, Ministry of Commerce Letter for Explanation of Applicable Problems of Relevant Administrative Investment Provisions and Liquidation of Foreign-invested Enterprises (Refer to Appendix No.2) and Reply to Ministry of Commerce Letter for Explanation of Applicable Problems of Relevant Administrative Investment Provisions and Liquidation of Foreign-invested Enterprises (refer to Appendix No.1) are now transmitted to you all. Please all local administrative commercial departments shall study the documents earnestly and keep improving administration by law. If any problem is encountered, please report to Ministry of Commerce in time.
General Office of Ministry of Commerce Mar 18, 2005
