Decree of the State Council of the People's Republic of China

Decision of the State Council on Amending Provisions on Administration of Foreign-Invested Telecommunications Enterprises is hereby promulgated, which shall enter into force as of the date of promulgation.

Premier Wen Jiabao

September 10, 2008

Decision of the State Council on Amending Provisions on Administration of Foreign-Invested Telecommunications Enterprises

For the purpose of meeting the needs for the opening up to the outside world of the telecommunications industry and promoting the development of telecommunications industry, the State Council decides to amend Provisions on Administration of Foreign-Invested Telecommunications Enterprises as follows:

Ⅰ. “The  information industry department of the State Council”, which was shown in Article 4, Article 6, Article 8, Article 11, Article 13, Article 15 and Article 17 to 21, shall be amended as “the industry and information technology department of the State Council”.

Ⅱ. Article 5 shall be amended as follows:

The registered capital of a foreign-invested telecommunications enterprise shall comply with the following provisions:

（1）The minimum registered capital shall be RMB1b for providing basic telecommunications services throughout the country or across different provinces, autonomous regions and municipalities directly under the Central Government, or shall be RMB10m for providing value-added telecommunications services;

（2）The minimum registered capital shall be RMB100m for providing basic telecommunications services within a province, an autonomous region or a municipality directly under the Central Government, or shall be RMB1m for providing value-added telecommunications services.

Ⅲ. “The project proposal” shown in Article 11 and Article 14 shall be amended as “the project application report”, and the expression of “the feasibility study report” which shown in Article 11 and Article 13 shall be deleted.

Ⅳ. Article 12 shall be deleted.

Ⅴ. The item 2 in Article 14 shall be deleted.

Ⅵ. “The examination and approval by the planning department or the comprehensive economy administration department of the State Council” shown in Article 15 shall be amended as “approval by the development and reform department of the State Council”.

Ⅶ. “The foreign trade and economic cooperation department” which shown in Article 16, Article 19, Article 20 and Article 21 shall be amended as “the competent commerce department”.

Ⅷ. Aticle23 shall be deleted.

Basing on the amending above, the order of the provisions shall be adjusted accordingly.

The decree shall enter into force as of the date of promulgation.

Provisions on Administration of Foreign-Invested Telecommunications Enterprises shall be amended in accordance with the decree and be re-promulgated. 

Editor (Compiler): Shanghai International lawyers