Provisions on the Administration of Road Transport Services with Foreign Investment (Revised in 2014)
Provisions on the Administration of Road Transport Services with Foreign Investment (Revised in 2014)
Provisions on the Administration of Road Transport Services with Foreign Investment (Revised in 2014)
Order of the Ministry of Transport of the People's Republic of China [2014] No.4
January 11, 2014
(Promulgated by the Ministry of Communications and the Ministry of Foreign Trade and Economic Cooperation on November 20, 2001 and revised in accordance with the Decision on Amending the Provisions on the Administration of Road Transport Services with Foreign Investment dated January 11, 2014 promulgated by the Ministry of Transport and the Ministry of Commerce)
Article 1 In order to promote the opening up of China to the outside world and the healthy development of road transport services, and to normalize the examination and approval administration of those road transport services with foreign investment, the Provisions on the Administration of Road Transport Services with Foreign Investment (Revised in 2014) (hereinafter referred to as the "Provisions") have been formulated in accordance with the Law of the People's Republic of China on Sino-foreign Equity Joint Ventures, the Law of the People's Republic of China on Sino-foreign Cooperative Joint Ventures, the Law of the People's Republic of China on Foreign-invested Enterprises and other relevant laws and administrative regulations.
Article 2 The Provisions shall apply to foreign businessmen investing in road transport services within the territory of the People's Republic of China.
The term road transport services as referred to in the Provisions shall include road passenger transport, road goods transport, road goods portage, loading and unloading, road goods storage, and other supplementary services and vehicle maintenance relating to road transport.
Article 3 Foreign businessmen shall be allowed to invest in and engage in road transport services in the following forms:
1. investing in and engaging in road passenger transport in the form of a Chinese and foreign equity joint venture;
2. investing in and engaging in the road goods transport, road goods portage and loading and unloading, road goods storage and other supplementary services and vehicle maintenance relating to road transport in the form of a Chinese and foreign equity joint venture or a Chinese and foreign contractual cooperation; and
3. investing in and engaging in road goods transport, road goods portage, loading and unloading, road goods storage, and other supplementary services and vehicle maintenance relating to road transport in the form of a sole foreign investment.
The time period for the opening of road transport operations as listed in Item 3 of the Article to the outside world shall be separately promulgated by the department in charge of commerce and the department in charge of transport under the State Council.
Article 4 The project-filing of road transport services with foreign investment and all relevant matters shall be subject to approval by the department in charge of transport at the provincial level.
The contracts and articles of association of those road transport enterprises established with foreign investment shall be subject to approval by the department in charge of commerce at the provincial level.
Article 5 Those foreign businessmen investing in road transport services must comply with the policies on road transport development and the requirements for enterprise qualification as formulated by the department in charge of transport under the State Council.
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