The Ministry Of Transport And The Ministry Of Commerce On Amending The Provisions On The Administration Of Foreign Investment In The Road Transportation Decisions (As Amended In 2014)

Original Language Title: 交通运输部、商务部关于修改《外商投资道路运输业管理规定》的决定(附2014年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398553.shtml

The Ministry of transport and the Ministry of Commerce on amending the provisions on the administration of foreign investment in the road transportation decisions (as amended in 2014)

    (January 11, 2014 Transportation Department, Ministry of Commerce to 2014 of 4th release since January 11, 2014), Ministry of transport and the Ministry of Commerce decided on foreign investment in the road transportation management regulations (Ministry of communications, the Ministry of foreign trade and economic cooperation 2001 of 9th) as follows: A, and will provisions in the all "traffic competent sector" unified modified for "traffic transport competent sector", all "foreign trade economic competent sector" unified modified for "business competent sector", will fourth article, and 14th article, and 18th article in the "state traffic competent sector" modified for "provincial traffic transport competent sector", will fourth article in the "State foreign trade economic competent sector" modified for "provincial business competent sector", will 18th article in the "foreign trade economic sector or its authorized sector" modified for "

    The commercial administrative department. "

    Er, delete, Nineth part (b), (c) the amendment to part (b) of the question, "the Transportation Department of the State Council" is amended as "provincial transportation authorities". Third, the 11th amendment as "provincial-leveled Commerce departments upon receipt of the application, within 45 days whether to approve the decision in writing. In conformity with the provisions, or foreign-invested Enterprise approval certificate issued; not in conformity with the provisions and returned to the application, inform the applicant in writing and state the reasons.

    ” Four, the 17th adapted to "apply for extension of term of operation of foreign investment in the road transportation enterprises, shall, before the expiration of 6 months to apply to the local provincial transportation authorities, and report business qualification (quality) assessment records and other related materials and by the provincial Transportation Department after Commerce Department approval.

    ” After five, in the 19th an article shall be added as article 20th: "provincial Transport Department by March 31 of each year in the province last year foreign investment examination and approval of the Ministry of transport.

    ”

In addition, the provisions in order to make appropriate adjustments and modifications.

This decision as of January 11, 2014.

    Foreign investment in the road transportation management of the corresponding changes in the regulations in accordance with this decision and publish it again.

    Report: foreign investment in the road transportation management regulations (as amended in 2014)

    (November 20, 2001, issued January 11, 2014, the Ministry of foreign trade of the Ministry of transport, the Ministry of Commerce announced 2014 of 4th, since January 11, 2014, the Ministry of transport of foreign-invested road transport industry, the Ministry of Commerce on modified decision amendments to regulations)

    First to promote the opening up and development of road transportation, regulate the approval of foreign investment in the road transportation management, in accordance with the People's Republic of China Law on Sino-foreign joint ventures and the People's Republic of China Chinese-foreign contractual joint ventures and the People's Republic of China Law on foreign-funded enterprises as well as the provisions of relevant laws and administrative regulations, this provision is enacted.

Second foreign People's Republic of China Road transportation in the territory governed by these provisions.

    Road transport in these rules includes road passenger transport, road freight transport, road freight transportation and handling, road freight warehousing and other ancillary services associated with road transport and vehicle maintenance.

Article III allows foreign investment engaged in road transport takes the following form:

(A) investment by Sino-foreign joint ventures engaged in road passenger transport;

(B) investment undertakings by Sino-foreign joint ventures, Sino-foreign cooperation in road freight transport, road freight transportation and handling, road freight warehousing and other ancillary services associated with road transport and vehicle maintenance.

(C) operates wholly-owned enterprises to invest in road freight transport, road freight transportation and handling, road freight warehousing and other ancillary services associated with road transport and vehicle maintenance.

    (C) road transport business open to the time listed by the competent Business Department and the Transportation Department announced separately.

Article fourth of foreign investment in the road transport sector project and related matters shall be subject to approval of the provincial Transportation Department.

    Foreign invested road transport enterprise contract and articles of Association shall be approved by the provincial-leveled Commerce authorities.

Fifth foreign-invested road transport industry should be in line with the State Council of the Department of transport road transport development policies and business qualifications, foreign-invested road transport and in accordance with the proposed location of the Department of transport road transport development planning requirements.

    All investors should own assets and has a good reputation.

Sixth with foreign investment engaged in road passenger transport services, should also be subject to the following conditions:

(A) the major investors in China in which at least one must be 5 years road passenger transport operations within the territory of the enterprise;

(B) the proportion of foreign investment shall be not more than 49%;

(C) enterprises registered capital of 50% for construction and renovation of passenger transport infrastructure;

    (D) put on the intermediate level and above should be the vehicle's passenger cars.

Seventh foreign-invested road transport enterprise shall be made to the proposed location of city (districts of the city, the same below) apply for project-level transportation departments, and submit the following materials:

(A) the application, including the total investment and registered capital and business scope, size, duration and so on;

(B) project proposal;

(C) the investor legal documents;

(D) investors credit certification;

(E) the investor in land, facilities, and equipment, investment should provide valid proof of assets appraisal;

(Vi) other materials required by approval authorities;

Sino-foreign joint ventures, Sino-foreign joint venture to be established, in addition to the above-mentioned documents shall be submitted, shall also submit the letter of intent;

    Submitted by accompanied the Chinese translation of foreign language materials.

Eighth expand the business scope of foreign investment enterprises engaged in road transport sectors, foreign investment in road transportation enterprises expand their scope of operation or expand beyond the original approved standards, foreign investment in the road transportation enterprises proposed merger, Division, transfer and change investor, registered capital, investment shares, up to the enterprise to the local municipal transportation authorities submit change requests and submit the following materials:

(A) the application;

(B) copy of business license;

(C) foreign-invested Enterprise approval certificate;

(D) copies of project documents of foreign-invested enterprises;

    (E) credit.

Nineth transportation authorities in accordance with the following procedures for foreign investment in the road transportation industry project and request for review and approval:

(A) municipal transportation authorities within 15 working days from the date of receipt of application materials, opinions of first instance made pursuant to this provision, and to set out its preliminary comments and application materials are submitted to the provincial Transportation Department; (B) the provincial transportation authorities within 30 working days from the date of receipt of the aforesaid material, review the application materials.

    In conformity with the provisions and documents issuing project approvals or changes; not in conformity with the provisions and returned to the application, inform the applicant in writing and state the reasons.

Article the applicant upon receipt of the documents, should be held on 30th approvals apply to departments of Commerce at the provincial level and the following materials issues or foreign-invested Enterprise approval certificate:

(A) the application;

(B) feasibility studies;

(C) the contract and articles (wholly foreign-owned enterprise only needs to present the articles on road transport);

(D) the list of the members of the Board of Directors and key management personnel and resume;

(E) the business name approval notice issued by the administrative departments for industry and Commerce;

(Vi) the investor's home country or territory of legal documents and credit file;

    (G) the approval authority requirements of other materials. 11th provincial-leveled Commerce departments upon receipt of the application, within 45 days whether to approve the decision in writing.

    In conformity with the provisions, or foreign-invested Enterprise approval certificate issued; not in conformity with the provisions and returned to the application, inform the applicant in writing and state the reasons.

    12th the applicant upon receipt of the certificate of approval for foreign-invested enterprises, should be held on 30th project approval documents and approval certificates to the enterprise to be established provincial transportation authorities apply for road transport operators permit and according to law after the industrial and commercial registration, according to the approved scope of business engaged in road transport operations.

    13th the applicant received foreign-invested Enterprise approval certificate, must change documents in the 30th and the foreign-invested Enterprise approval certificate and other relevant materials to provincial transportation departments and industrial and commercial administration departments for the corresponding change.

    Article 14th after completing relevant formalities on the applicant, business license should be foreign-invested Enterprise approval certificate and road transport operators permit copy submitted to the provincial departments of transportation.

    Article 15th foreign-invested road transport service within 18 months after project approval documents did not complete the business registration procedures, project approval document shall automatically cease. 16th road transport in General, the term of operation of enterprises with foreign investment of no more than 12 years.

50% per cent of investment funds for infrastructure construction of passenger and freight transport station, operating period is 20 years.

    Business in line with industrial policies and development planning of road transport and operational qualification (quality) examinations of foreign investment in the road transportation enterprises, approved by original examination and approval organ, can apply for extension of the term of operation, business term not exceeding 20 years each.

    17th apply for extension of term of operation of foreign investment in the road transportation enterprise, shall, before the expiration of 6 months to apply to the local provincial transportation authorities, and report business qualification (quality) assessment records and other related materials and by the provincial Transportation Department after Commerce Department approval.

    18th foreign-invested road transport enterprises closed down, suspended or terminated, shall promptly to the provincial transportation authorities, departments in charge of Commerce and industry and Commerce administrations go through relevant procedures.

    19th Hong Kong S.A.R., and Macau S.A.R. and Taiwan investors in mainland China and overseas investment in the road transportation industry in the light the application of this provision.

    20th provincial Transport Department by March 31 of each year in the province last year foreign investment examination and approval of the Ministry of transport. 21st article of the regulations come into force on November 20, 2001. Enacted in 1993 of the Ministry of the People's Republic of China provisional regulations on foreign investment in the road transportation industry approval of traffic (deliveries (1993) 1178th) repealed simultaneously.