The Commerce Department Decision On Changes Of Regulations And Regulatory Documents

Original Language Title: 商务部关于修改部分规章和规范性文件的决定

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  For advance registered capital registration system reform and Government functions change, promote business registered system convenience of, effective optimization camp business environment, further inspired market vitality and development power, according to State on issued registered capital registration system reform programme of notification (country sent (2014) 7th,) and circular of the on speed up advance implementation registered capital registration system reform about matters of notification (State letter (2015) 14th,) of requirements, Ministry of Commerce registered capital registration system reform of regulations and normative documents were cleaned up.

After cleaning, the Ministry of Commerce decided to 29 be amended some provisions of regulations and regulatory documents.

One, by deleting the interim provisions on several issues of establishing a foreign-invested company limited (order of the Ministry in 1995, 1th) seventh article. In the article by deleting the eighth "shareholders to subscribe for shares transferred shall comply with the conditions set out in article seventh. "By deleting the 13th in the" sponsor shall within 90 days from the date of issuance of certificates of approval once paid their subscription of shares. "The 14th article is revised as follows:" to initiate the establishment of companies, the sponsors after the election of the Board of Directors and Board of supervisors, established by the Board of Directors submitted to the company registration authority approved by the company documents, articles and other documents, applying for establishment registration.

"By deleting its 16th clause" and paid their subscription of share capital ".

By deleting the article 19th "and paid their subscription of share capital".

Second, the deletion of the provisional regulations on foreign-funded enterprises in investment (foreign trade and economic cooperation, State administration of industry and commerce in 2000, 6th) the fifth article.

Delete the sixth.

Delete the seventh article.

Three, by deleting the foreign invested enterprises merger and Division regulations (foreign trade and economic cooperation, State administration of industry and commerce in 2001, 8th) the Nineth.

By deleting article 20th fifth.

By deleting article 23rd sixth.

Four, the implementing rules of automatic import licensing of foreign-invested enterprises (foreign trade and economic cooperation, General Administration of Customs 2002 4th) fourth article amended to "(b) foreign-invested Enterprise approval certificate or registration certificate".

By deleting the fourth fifth.

Five, by deleting the People's Republic of China of sensitive items and technology management of export registration (foreign trade and economic cooperation in 2002, 35th) the fourth article. VI, by deleting the provisions on the administration of foreign-invested venture investment enterprises (Ministry of foreign trade and economic cooperation, science and technology, administration for industry and commerce, State administration of taxation, the foreign exchange Bureau, 2003 2nd) the sixth article in the "unincorporated business venture investors minimum of the total subscribed capital of us $ 10 million; corporate venture investors minimum of the total subscribed capital of US $ 5 million. Except as provided in article seventh investors, the other individual investors the minimum subscribed capital shall not be less than $ 1 million.

"Delete the 13th article in the" should not be longer than 5 years. "

Delete the 13th article.

Delete the 23rd article. Delete the 45th in the second paragraph of article "the registration certificate as a venture enterprise to participate in joint inspection one of the necessary materials. "Seven, the regulation on foreign investment in commercial fields (Department of Commerce 2004 8th) eighth amendment as follows:" foreign-funded commercial enterprises to open stores, should be consistent with relevant provisions of urban development and urban commercial development.

"Delete the 13th article sixth.

Eight, the regulation on foreign-funded investment companies (Ministry of Commerce 2004, 22nd) article in the "company in the form of limited liability company" changed to "company in the form of a limited liability company or corporation".

Delete the first paragraph of article III. Sixth the third modification of article: "foreign investors have invested Enterprise approval certificate (copy) and business license (duplicate)" should be deleted in the seventh "contributions should be paid in full within two years from the date of issuance of the business license.

"17th fourth amended as:" investment company's approval certificate (copy) and business license (copy) ".

By deleting the 17th fifth. By deleting the article 25th "these materials will serve as investment companies to participate in joint annual report one of the necessary materials.

"Nine, the management of auction (2004 24th of Commerce) of the second paragraph of article" the auction enterprises should be established by law "is amended as" should obtain a licence to engage in the auction business enterprises in accordance with law. "

Chapter II is amended as "enterprise applications in the auction business license, change and termination".

In the sixth "applying for the establishment of the auction company's investors should have a good reputation" is amended as "applies to engage in the auction business license of enterprise investors should have a good reputation."

In the seventh "establishment of auction business" is amended as "enterprise applications to license in the auction business."

Article seventh fourth amendment "there is at least one auctioneer;".

In the eighth, "applying for the establishment of the auction business" is amended as "enterprise applications to license in the auction business."

The eighth article is changed to "copy of the business license (copy)".

By deleting the eighth fourth in the "proposed".

By deleting the eighth in the fifth "in China and the related qualification certificates".

Delete the tenth.

The 11th article in the "auction companies establish branch" is amended as "auction business branch apply to obtain a licence to engage in the auction business."

By deleting the 11th second, third, and fourth.

12th "enterprises to set up branch of the auction" is amended as "auction business branch apply to obtain a licence to engage in the auction business."

The 12th article is changed to "application".

By deleting the 12th in the fourth "proposed".

By deleting the 12th in the fifth "in China and the related qualification certificates".

13th is amended as: "business and the branch to apply to obtain a licence to engage in the auction business, in accordance with the following procedures shall be followed: business and the branch to apply to obtain a licence to engage in the auction business, must first be approved by corporate or branch is located the municipal departments in charge of Commerce review, approved by provincial-leveled Commerce authorities and auction management issued the certificate of approval.

Provincial-leveled Commerce departments of enterprises and branch applications take hearing can obtain a licence to engage in the auction business. Auction management certificate of approval by the provincial departments in charge of Commerce printing. "The 14th amendment:" auction enterprises registered with the industrial and commercial administration authorities apply for registration of change project, shall be approved by the provincial-leveled Commerce departments, and renewal by auction management certificate of approval. "15th amended as:" the auction enterprises and branch applications after you obtain a licence to engage in the auction business for 6 months without justification does not hold auctions or no business tax certificate, approved by the Commerce authorities recover the auction business certificate.

"Chapter III is amended as" foreign-invested enterprises apply for and obtain a license, change and termination of the auction business. "

19th in the "establishment of the auction enterprises with foreign investment" is amended as "foreign-invested enterprises apply for obtain a licence to engage in the auction business."

By deleting the article 20th.

The 21st article of the "establishment of the auction enterprises with foreign investment" is amended as "foreign-invested enterprises apply for obtain a licence to engage in the auction business." 21st article the fifth amendment as "foreign-invested enterprises name list of Board members and investment directors appointed. "The 21st article is changed to" foreign-invested enterprise branch of the auction application to license in the auction business, the applicant shall submit the 11th material under these measures. "22nd is amended as:" foreign-invested enterprises and branch applications to license in the auction business, in accordance with the following procedures shall be followed: the applicant shall provide the location of the province, autonomous region, municipality directly under the business sector article 19th application materials submitted.

Business sector should since received all application material of day up in provides time within made whether approved of decided, for approved of, issued foreign investment enterprise approved certificate, applicants by foreign investment enterprise approved certificate to business administration organ application enterprise registered registration Hou, by foreign investment enterprise approved certificate and license to business sector application issued auction business approved certificate, for not approved of, should description reasons. Foreign-invested enterprises and branch applications take hearing can obtain a licence to engage in the auction business.

"Delete the 23rd. 24th article is revised as follows: "foreign-invested enterprises and branch applications after you obtain a licence to engage in the auction business for 6 months without justification does not hold auctions or no business tax certificate, approved by the provincial-leveled Commerce authorities recover the auction business certificate.

"The 44th article of the" responsible for setting up the auction enterprises and branch audit license "changed to" corporate and branch applications to license the auctioning business audit ". Will 55th article modified for: "has following case one of of, provincial business competent sector or commerce can revoked about auction enterprise and the branch engaged in auction business of license decided: (a) staff abuse, and negligence made granted license decided of; (ii) violation auction method and this approach provides of made engaged in auction business of license conditions made granted license decided of; (three) beyond statutory terms made granted engaged in auction business of license decided of.

"Ten, by deleting the foreign investment leasing management policy (Ministry of Commerce in 2005 5th) Nineth article.

Plenary, to specific countries (regions) interim regulations for the export of precursor chemicals (Ministry of Commerce, Ministry of public security and General Administration of customs, State administration of work safety, food and drug administration in 2005, 12th), seventh in the fifth article of "submit cover joint enterprises with foreign investment approval certificate of the annually eligible mark" is amended as "submitted by enterprises with foreign investment approval certificate".

12, by deleting the management of foreign-funded international freight forwarding enterprises (Ministry of Commerce 2005 19th) sixth. The 11th article is revised as follows: "branch of business scope should be within the scope of its head office. Branch of civil liability borne by the Corporation.

"By deleting the 13th fourth.

13, by deleting the foreign investor on the management of strategic investment in listed companies (Ministry of Commerce, 2005 28th) seventh item fifth.

14, by deleting the supplementary regulations on foreign-funded investment companies (Ministry of Commerce, 2006 3rd) first.

XV, and the regulations on the administration of import and export of precursor chemicals (Ministry of Commerce, 2006 7th) 29th paragraph second amended to "approval certificate".

Delete the 29th article of the fourth "verification report". 16, will ephedrine class approved interim measures for exporters of precursor chemicals (Ministry of Commerce, Ministry of public security, the General Administration of customs, the food and drug administration in 2006, 9th) the seventh paragraph is amended as "application for wholly foreign-invested enterprises, should also be submitted to the foreign-invested Enterprise approval certificate (copies of copies) and the business license of a joint venture contract or articles of Association, (copies of copies).

"17, by deleting the refined oil market regulation (Ministry of Commerce, 2006 23rd) in the seventh article of" not less than 30 million Yuan and registered capital ".

Delete the Nineth of article "and not less than 10 million yuan of registered capital."

By deleting the 40th fourth.

18, by deleting the crude oil market regulation (Ministry of Commerce in 2006, 24th) of article VI of the "registered capital of no less than 100 million Yuan."

By deleting the seventh in the first "not less than 50 million yuan of registered capital."

19, by deleting the management of enterprise with foreign investment in mineral exploration (Ministry of Commerce, Ministry of land and resources, 2008 4th) 16th fifth.

20, by deleting the foreign project contracting management of qualification (Ministry of Commerce, Ministry of housing and urban-rural, 2009 9th) in the fifth article, "engineering construction unit should have its qualification of registered capital (registered capital is included in these measures); non-construction unit not less than 20 million yuan of registered capital." By deleting the fifth of sixth "for foreign-invested enterprises, last 3 years shall be continuous through the joint annual inspection of foreign-invested enterprises.

"21, by deleting the management of enterprises eligible for foreign aid projects (Ministry of Commerce, 2011 2nd) sixth fourth.

By deleting the seventh fourth.

22, by deleting the equity contribution of the Ministry of Commerce on foreign investment enterprises regulations (Department of Commerce 2012 of 8th) fourth paragraph first and fifth.

By deleting the eighth.

By deleting the article tenth of the fourth "through joint annual inspection of foreign-invested enterprises".

23, by deleting the relevant issues concerning the establishment of pilot foreign investment logistics enterprises: notice of (foreign trade capital letter (2002), No. 615) the fourth article.

24, by deleting the Department of Commerce concerning non-commercial enterprises with foreign investment expanding distribution business scope of notification on the relevant issues (capital letters (2005), 9th) in annex a "foreign-invested enterprises the following guarantee" clause fifth.

In annex II by deleting "foreign-funded investment companies the following guarantee" clause fifth.

Deletion of annex III "through joint annual inspection of the previous year whether or not".

25, deleting on further enhancing, norms of foreign direct investment in the real estate industry for approving and monitoring notice (capital letters (2007), 50th) the sixth section "or failed joint annual inspection of foreign-invested enterprises". 26, the Ministry of Commerce on further regulating the Office of financial management notification of complete foreign aid projects (business finance (2011), 57th), fourth amended as: "the financial audit of the Department of Commerce to establish foreign aid projects for prequalification system. Participating in aid projects construction tender units shall not be running at a deficit for the fiscal year.

"27, by deleting of the pawn industry regulation (commercial circulation (2012) No. 423) 38th article of the" industrial and commercial inspection of corporate shareholders ".

28, by deleting the pilot programme of the Ministry of Commerce on business factoring of the reply of the (capital letter (2012), No. 919) article in the "registered capital shall not be less than RMB 50 million."

29, the deletion of the Ministry of Commerce on two rivers in Chongqing zone, Jiangsu modernization demonstration zone, Suzhou Industrial Park, business reply factoring pilot-related issues (capital letter (2013), No. 680), article II, of.

In addition, the relevant provisions of regulations and regulatory documents order adjusted accordingly. This decision shall come into force as of the date of.

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