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Decree No. 4, 2012 of the Ministry of Commerce on Supplement V to the Measures for the Administration on Foreign Investment in Commercial Fields
Issued by: Ministry of Commerce of the People’s Republic of China
Decree No. 4, 2012
Date of Issuance: April 10, 2012
Effective Date: April 10, 2012

Supplement V to the Measures for the Administration on Foreign Investment in Commercial Fields is hereby promulgated after approval by the Ministry of Commerce of the People’s Republic of China (MOFCOM), and shall come into force as of the date of promulgation.
                      

Minister: Chen Deming
April 10, 2012





Supplement V to the Measures for the Administration on Foreign Investment in Commercial Fields


In order to establish a closer economic partnership between Hong Kong, Macao and the Mainland, and encourage service providers from Hong Kong and Macao to establish commercial enterprises in the Mainland, in accordance with the Supplement VIII to the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA) and Supplement VIII to the Mainland and Macao Closer Economic Partnership Arrangement, the Measures for the Administration on Foreign Investment in Commercial Fields (Decree No. 4, 2012 of the Ministry of Commerce) is hereby announced as follows:

1. Service providers from Hong Kong and Macao opening more than 30 stores in China, and selling different types and brands of food from different suppliers are allowed to operate as wholly foreign-owned enterprises on pilot basis. The said operations are limited within Guangdong Province.

2. Service providers from Hong Kong and Macao referred to in the Measures shall respectively comply with the definitions of “Service Provider” and relative provisions in CEPA between the Mainland and Hong Kong and CEPA between the Mainland and Macao and the Supplements.

3. In terms of other issues concerning investment in commercial fields in the Mainland by service providers from Hong Kong and Macao, the Measures for the Administration on Foreign Investment in Commercial Fields shall apply.

4. For other foreign investors opening more than 30 stores in China dealing in food of different brands and from different suppliers, the share of foreign equity shall not exceed 49%.

5. These provisions shall enter into force as of the date of promulgation.


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