On November 3, 2016, the Ministry of Commerce issued Order [2016] No. 2 abolishing the following regulations on foreign investment: 

  • Administration Measures for Foreign Investments in Commercial Fields and all supplementary provisions;
  • Interim Regulations for the Establishment of Foreign-Invested Convention- and Exhibition-Oriented Companies and supplementary provisions; and
  • Measures for the Administration of Liquor Circulation. 

Based on our oral inquiry with the Shanghai authorities, establishment of foreign-invested commercial enterprises remains unchanged, despite the abolishment. 

There is no subsequent provision specifying whether the previous special requirement for foreign-invested conference and exhibition companies to have experience organizing events still applies. 

The record filing procedure at state level for liquor circulation is abolished, although at provincial level, and taking Shanghai as an example, the liquor wholesale and retail permit is still required. 

We will follow up on these issues and keep you posted on any developments and clarification from the authorities.

Date of issue: November 3, 2016. Effective date: November 3, 2016