China News Service, April 15th, according to the website of the Ministry of Justice, the General Administration of Market Supervision has drafted the "Administrative Measures for the Authorized Registration of Foreign-invested Enterprises (Draft for Comment)" on the basis of the amendments to the "Administrative Measures for the Authorized Registration of Foreign-invested Enterprises". The public is now soliciting opinions.
Data Map: State Administration of Market Supervision and Administration. Photo by Jia Tianyong, reporter from China News Service
The draft for solicitation of opinions is clear, and the measures will take effect on July 1, 2020. On February 1, 2003, the "Administrative Measures for the Authorization and Registration of Foreign-invested Enterprises" formulated and implemented by the former State Administration for Industry and Commerce was simultaneously abolished. The authorization obtained according to this method is retained until June 30, 2020. If the authorization conditions specified in this method are not met during this period and the State Administration of Market Supervision and Administration cannot confirm it, the authorized bureau shall start from July 1, 2020. No longer exercise the right to register and manage foreign-invested enterprises.
The consultation draft mentioned that the registration of foreign-invested enterprises shall be handled by the State Administration of Market Supervision and Administration or the market supervision and administration department of the local people's government authorized by it according to law. Without the authorization of the State Administration of Market Supervision and Administration, the registration and management of foreign-invested enterprises shall not be carried out or diverted.
The draft for solicitation also mentioned that the State Administration of Market Supervision and Administration has authorized the administrative bureaus of the authorized bureaus to violate the laws and regulations, exceed the scope of authorization, transfer authorizations without authorization, or entrust other administrative departments that do not meet the authorization requirements. Whoever refuses to accept the guidance of the authorized bureau or implement the regulations of the authorized bureau, deceives, passively slacks, loses the authorization conditions, and violates other provisions of these measures, may do the following: order the authorized bureau to cancel or correct its illegal or inappropriate administrative actions Directly revoke the illegal or inappropriate administrative actions of the authorized bureau; report the criticism; suggest that the relevant organs give administrative punishment to the directly responsible personnel according to the regulations, which constitutes a crime, and pursue criminal responsibility according to law; cancel part or all of the authorization.