商务部令[2003]年第10号

（Promulgated by the Ministry of Commerce on 7 December 2003 and effective as of 1 January 2004.）

颁布日期：20031207 　实施日期：20040101 　颁布单位：商务部

The following special provisions on the Establishment of Sino-foreign Foreign Trading Equity Joint Ventures Tentative Procedures （Ministry of Foreign Trade and Economic Cooperation 2003 Order No. 1） are issued in accordance with the Mainland/Hong Kong Closer Economic Partnership Arrangement and the Mainland/Macao Closer Economic Partnership Arrangement approved by the State Council， in order to promote the establishment of closer economic and trade partnership between Hong Kong， Macao and the mainland and to encourage Hong Kong service providers and Macao service providers to establish enterprises that engage in the business of foreign trading：

1. Beginning from 1 January 2004， Hong Kong service providers and Macao service providers are permitted to establish foreign trading companies in the mainland in the form of joint venture or cooperation， or on a wholly-owned basis.

2. Hong Kong service providers and Macao service providers applying to establish a foreign trading company shall have an average annual trade volume with China of at least US$10 million three years prior to application. Hong Kong service providers and Macao service providers establishing a foreign trading company in the central and western regions of the mainland shall have an average annual trade volume with China of at least US$5 million three years prior to application.

3. Where Hong Kong service providers and Macao service providers apply to establish a foreign trading company， the registered capital of the foreign trading company shall be at least Rmb 20 million. Where the foreign trading company is to be established in the central and western regions， the registered capital shall be at least Rmb 10 million.

4. Other provisions regarding foreign trading companies invested in and established in the mainland by Hong Kong service providers and Macao service providers shall still be implemented in accordance with the Establishment of Sino-foreign Foreign Trading Equity Joint Ventures Tentative Procedures.

5. “Hong Kong service providers” and “Macao service providers” specified in these Provisions shall satisfy the definition of “service provider” and the requirements of the relevant provisions in the Mainland/Hong Kong Closer Economic Partnership Arrangement and the Mainland/Macao Closer Economic Partnership Arrangement respectively.

6. The Ministry of Commerce is in charge of the interpretation of these Supplementary Provisions.

7. These Supplementary Provisions shall be implemented as of 1 January 2004.