The Supplementary provisions for the Administration Measures on Foreign Investment in the Commercial Sector (4) has been examined and approved by the Ministry of Commerce of the People's Republic of China. The document is hereby published and enters into force on the date of the promulgation.

Minister: Chen Deming
Feb. 5, 2009

To: Various ministries and commissions of the State Council, various institutions directly under the State Council, competent departments of commerce of various provinces, autonomous regions, municipalities, cities directly under the jurisdiction of the central government, the Xinjiang Production and Construction Corp, and various councils of Commerce, associations and societies,

The supplementary provisions for the Administration Measures on Foreign Investment in Commercial Sectors (Decree No. 8 (2004) of the Ministry of Commerce) are hereby published in order to promote establishment of a closer economic and trade partnership between Hong Kong and Macao, and the mainland, and encourage Hong Kong and Macao service providers to launch commercial enterprises in the mainland, in line with the supplementary provisions (5) for the closer Economic Partnership Arrangement (CEPA) between China's mainland and Hong Kong, and the supplementary provisions (5) for CEPA between China's mainland and Macao.

1. For the same service provider from Hong Kong and Macao which has opened more than 30 shops in the mainland engaging in sales of such products as medicine, farm chemicals, farm film, chemical fertilizer, vegetable oil, edible sugar and cotton, which are of different brands and from different suppliers, Hong Kong and Macao service providers are permitted to operate in the form of sole investment.

2. Hong Kong and Macao service providers mentioned in the provisions shall meet the definitions and requirements of "service provider" set out in the CEPA between the mainland and Hong Kong and the CEPA between the Mainland and Macao respectively.

3. Other matters concerning Hong Kong and Macao service providers investing in the mainland's commercial sector shall still implement the Administration Measures on Foreign Investment in the Commercial Sector.

4. This set of provisions shall become effective on the date of promulgation.