Article 21 The foreign-capital commercial enterprises can be established as of Dec. 11th, 2004.
Article 22 The location of the foreign invested commercial enterprises engaged in the retail business and of the stores they open are limited to the provincial capitals, capitals of the autonomous regions, municipalities directly under the Central Government. C ities with economic planning directly supervised by the State Council and special economic zones before Dec. 11 th, 2004. The restrictions of location are lifted as of Dec. 11 th, 2004.The restrictions of location on the foreign invested commercial enterprises engaged in the wholesale business shall be lifted as of the implementation of the Measures.
Article 23 Foreign invested commercial enterprises invested in the commercial field within the territory of China shall conform to the "Interim Regulations on Investment by Foreign Invested Enterprises within the Territory of China", and follow the procedures provided in the Measures.
Article 24 Foreign invested enterprises other than the foreign invested commercial enterprises engaged in the operation listed in Article 3 of the Measures shall conform to the regulations set forth in the Measure and alter the scope of business according to the law.
Article 25 Investors from Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan region investing in other provinces, autonomous regions, and municipalities directly under the Central Government of China to establish the commercial enterprises shall conform to the Measures.
(I) Commercial service providers from Hong Kong and Macao can establish foreign-capital commercial enterprises in the mainland since Jan. lst, 2004.
( II ) The scope of location of the retail enterprises set up the commercial service providers from Hong Kong and Macao are expanded to include the cities at the district level and to the cities at the county level in Guangdong . ( III ) Commercial service providers from Hong Kong and Macao can apply to establish commercial enterprises engaged in the automobile retail business in the mainland according to the relevant provisions in the Measures since Jan. lst, 2004.
However, their average sales volume for the three years prior to the application shall not be lower than $ 0.1 billion; and the amount of the asset in the year prior to the application shall not be lower than $ 10 million; the minimum registered capital for the automobile retail enterprises established in the Mainland is RMB 10 million, and the minimum registered capital for the automobile retail enterprises established in the middle and western region of China is RMB 6 million.
(IV) Chinese citizens among the permanent residents in Hong Kong and Macao are allowed to set up small industrial or commercial businesses to do the retail business according to the relevant laws, regulations and rules of the Mainland (except for the franchise operation), and their business area shall not exceed 300m 2 .
(V) The commercial service providers from Hong Kong and Macao stipulated in this Article shall accord with the definitions on "service provider" and requirements of the relevant regulations provided in the "Closer Economic Partnership Arrangement of Hong Kong and the Mainland" and "Closer Economic Partnership Arrangement of Macau and the Mainland".
Article 26 The foreign invested commercial enterprises are encouraged to join the relevant trades' societies to reinforce the self-discipline of enterprises.
Article 27 The interpretation of these Measures shall be vested in the Minishy of Commerce.
Article 28 These Measures are implemented as of June lst, 2004.
Article 29 The former "Experimental Measures on the Foreign Invested Commercial Enterprises" jointly promulgated by the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation shall be abolished as of the date for the implementation of these Measures. |
