Ministry of Commerce Circular on Entrusting Provincial Level Authorities of Commerce to Examine and Administer Foreign-invested Road Transportation En

Commercial department of provinces, autonomous regions, municipalities, specially listed cities for independent planning and Xinjiang Production and Construction Corps:
According to the requirements of simplifying administrative approval procedures of the State Council, in order to simplify the procedure of examination of contracts and articles of association of foreign-invested enterprises, improve efficiency and promote the work of foreign capital introduction in service and trade sectors, the Ministry of Commerce (MOC) hereby entrusts commercial departments of provinces, autonomous regions, municipalities, specially listed cities for independent planning and Xinjiang Production and Construction Corps (hereinafter referred as "provincial commercial departments") and the management committees of State-class economic and technological development zones to examine, approve and manage some foreign-invested road transportation enterprises, and a circular on related problems is issued as follows:

MOC entrusts provincial commercial departments and the management committees of State-class economic and technological development zones to be in charge of examination, approval and management of foreign-invested road transportation enterprises (except road passenger transport enterprises).

Entrusted departments and institutions should, according to the "Regulations on Management of Foreign-Invested Road Transport" (Ministry of Communication, the Ministry of Foreign Trade and Economic Cooperation decree (2001) No. 9) and other foreign related investment laws and regulations, strictly perform their duties in examination and approval of establishment or change of application of foreign-invested road transport enterprises, and only handle the cases after the applicants have submitted their cases to competent communication departments for approval according to above mentioned regulations. Entrusted departments and institutions should, without delay, report the problems which have occurred in the process of examination to the MOC, and if any unlawful behaviour occurs, MOC may rescind the authorisation according to conditions.

Entrusted departments and institutions must be Internet connected with the MOC when issuing approval certificates to and joint annual examination of foreign-invested enterprises, and are required to make use ofthe connected network to carry out filing for the record and statistical work. Related statistical data must be up to standards to facilitate MOC to understand the situation and strengthen supervision. MOC will soon organize training for local commercial departments and the management committee of State-class economic and technological development zones, to give details of the problems that may occur in the process of examination and approval.

The entrusted management committees of state-class economic and technology development zones entrusted must implement a concise and efficient administrative system pursuant to the Circular of the State Council's General Office on On-issuing the Opinions of the Ministry of Commerce and other Departments on Promoting State-class Economic and Technology Development Zones to Further Raise Development Level (General Office of State Council, Document No.15, 2005). The Ministry of Commerce will handle the trust procedures with the state-class economic and technology development zones separately and batch by batch after they undergo management system recording, personnel training and pass the appraisal for networking.

The authorisation will become effective as of March 31, 2006.

The Ministry of Commerce of the People's Republic of China
January 22, 2006