• Issuing authority： Instrumentalities of the State Council,All Ministries,Ministry of Commerce
• Date issued： 10-01-2004
• Effective date： 10-01-2004
• Level of Authority： Departmental Rules
• Area of Law：Foreign Economy and Trade,Optimization of Doing Business
• Invalidated by：Measures for Overseas Investment Management (Issued on 03-16-2009 Effective on 05-01-2009)

Order of the Ministry of Commerce

(No. 16 [2004])

The Provisions on the Examination and Approval of Investment to Run Enterprises Abroad were adopted at the 11th executive meeting of the Ministry of Commerce on September 23, 2004. They are hereby promulgated and shall be implemented as of the promulgation date.

Minister Bo Xilai

October 1, 2004

Provisions on the Examination and Approval of Investment to Run Enterprises Abroad

Article 1 For the purpose of promoting the development of overseas development, the present Provisions are formulated in accordance with the Administrative License Law of the People's Republic of China, the Decision of the State Council about Setting Administrative Licensing for the Administrative Examination and Approval Items Necessary To Be Preserved and other relevant provisions.

Article 2 The state should help and encourage relatively competitive enterprises with various forms of ownership to invest to run enterprises abroad.

Article 3 The expression “to invest to run enterprises” refers to the operational acts of the enterprises of our country such as establishing enterprises abroad or acquiring the ownership, managerial right or any other right and interest of the existing enterprises by way of establishing (solely-funded, equity joint or contractual joint ventures), purchasing, merging, holding shares, injecting fund, changing stock rights, etc.

Article 4 Domestic enterprises (excluding the financial enterprises) that intend to invest to run enterprises abroad shall be subject to the examination and approval of the Ministry of Commerce. The Ministry of Commerce shall authorize the commerce administrative departments of the people's governments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning (hereinafter referred to as “the provincial commerce administrative departments” to handle the matters related to the examination and approval of the enterprises other than the enterprises directly under the Central Government to run enterprises in the countries as listed in the annex. ．．．．．．

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