Circular of General Office of the Ministry of Commerce on Defining the Authority of Examination and Approval of Foreign Investment in Funeral Service Facilities

S.B.Z.H [2015] No.123

The competent commerce departments of all provinces, autonomous regions, municipalities directly under the central government, municipalities with independent planning status and the Xinjiang Production and Construction Corps,

In 1995, approved by the State Council, the Ministry of Civil Affairs, the former State Development Planning Commission and the former Ministry of Foreign Trade and Economic Cooperation jointly promulgated Circular on Strict Control of Foreign Capital Intake in Construction of Funeral Service Facilities (M.S.F.[1995] No.6), specifying that for the construction of funeral service facilities with foreign capital, relevant contracts and articles of associations shall be examined and approved by the former Ministry of Foreign Trade and Economic Cooperation. In 2010, Circular of the Ministry of Commerce on Decentralizing the Examination and Approval Power for Foreign Investment (S.Z.F.[2010] No.209) regulated, the local approval authorities shall in accordance with related provisions conduct approval and management of and over the establishment and alteration (inclusive of above quota and capital increase) of foreign investment enterprises in the service industry except otherwise the approval by the Ministry of Commerce as explicitly prescribed in laws and regulations. In order to further define the examination and approval authority over foreign investment in funeral service facilities and regulate foreign capital management in funeral industry, relevant matters are hereby notified as follows:

I. The establishment of foreign investment enterprises in funeral service facilities shall be examined and approved by local commercial authority of the same level after being approved by civil affairs department in accordance with Regulations on Funeral and Interment Control.

II. If subsequent alteration of foreign investment enterprises in funeral service facilities involves acquisition, capital increase, equity transfer and other major changes, local commercial authority shall solicit the views of civil affairs department of the same level.

III. This circular shall come into force on the date of its promulgation.

General Office of the Ministry of Commerce

April 9, 2015

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