Supplementary Provisions III on the Measures for the Administration of Foreign Investment in Commercial Fields

(Adopted at the executive meeting of the State General Administration of Quality Supervision, Inspection and Quarantine on October 18, 2002, are hereby promulgated and shall enter into force on December 10, 2002.)

Decree of the Ministry of Commerce of the People's Republic of China

No. 18

The Supplementary Provisions III on the Measures for the Administration of Foreign Investment in Commercial Fields have been adopted upon deliberation at the executive meeting of the Ministry of Commerce and are hereby promulgated, and shall come into force as of the date of promulgation.

Bo Xilai, Minister of the Ministry of Commerce

November 5, 2007


All ministries, commissions and directly affiliated organs under the State Council, administrative commercial departments, chambers of commerce, associations and scholarly societies of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan and Xinjiang Production and Construction Corps:

For the purposes of promoting the establishment of a closer economic & trade partnership between the Chinese mainland and Hong Kong and Macao, and encouraging service providers from Hong Kong and Macao to set up commercial enterprises in Chinese mainland, pursuant to the Supplementary Agreement IV to Hong Kong/Mainland Closer Economic & Trade Partnership Arrangement and the Supplementary Agreement IV on Macao/Mainland Closer Economic & Trade Partnership Arrangement as approved by the State Council, supplementary provisions concerning matters of investment by service providers from Hong Kong and Macao in commercial fields as speculated in the Measures for the Administration of Foreign Investment in Commercial Fields (Decree No. 8, 2004 of the Ministry of Commerce) are hereby formulated as follows:

  1. Where the same service provider from Hong Kong or Macao has set up over fifty shops accumulatively in Chinese mainland, if the commodities operated include medicine, pesticide, agricultural plastic sheeting, chemical fertilizer, plant oil, sugar and cotton etc., and the above commodities are with different brands and from different suppliers, the Hong Kong or Macao service provider is permitted to hold the shop, but with the capital contribution no more than 65%.
  2. The term "Hong Kong or Macao service provider" in the present Provisions shall be in line with the definition of "Service Provider" and relevant provisions in Hong Kong/Mainland Closer Economic & Trade Partnership Arrangement as well as Macao/Mainland Closer Economic & Trade Partnership Arrangement respectively.
  3. Other matters as regards Hong Kong or Macao service providers' investment in commercial fields in Chinese mainland shall be executed as before in accordance with the Measures for the Administration of Foreign Investment in Commercial Fields.
  4. The present Provisions shall come into force as of the date of promulgation.

Ministry of Commerce 2007-11-05


注意事项:

在本英文翻译版本同汉语原版本出现任何不符时,以汉语版本为准。

Important Notice:

In case of this English version has any discrepancy with the original version in Chinese, the Chinese version shall prevail.