“Mainland enterprises invest in Hong Kong and Macau” refers to: Mainland enterprises establish legal entity in Hong Kong and/or Macau, subject to the respective jurisdiction, for the purposes of trade, project contracting, labor cooperation, manufacturing, transportation, tourism, services, research and development, investment, science and technology enterprises, etc. It also includes those from Mainland enterprise which establish entities in Hong Kong and/or Macau, and other countries and regions for setting up business(es).
a) The way to start business: New establishment (including sole proprietorship, joint
venture, cooperation, etc.), acquisitions, mergers, equity share, funding, shares
exchange etc.
b) Relevant Approval Authority: Ministry of Commerce approves the investments
of Mainland enterprises in Hong Kong and/or Macau (other than financial
business). Provincial government (hereinafter referred to as "The Provincial
Commerce Department") commissioned by the Ministry of Commerce, to
conduct a preliminary review or pre-approval.
(1) Mainland enterprises establish legal entity in Hong Kong and/or Macau
for the purpose of involving in indirect public offering must be approved
by the Ministry of Commerce. For the others, it is commissioned by the
provincial commerce department under the Ministry of Commerce.
(2) State enterprises start business(es) in Hong Kong and/or Macau for
investment are subject to the approval of the Ministry of Commerce.
(3) Upon the district businesses obtained approval from the provincial
commerce department, the Ministry of Commerce will issue a
certificate of "Mainland Enterprises in Hong Kong and Macau -
Investment Approval Certificate".
c) The enterprises, after obtaining the approval of the certificate and the
approval documents, are accountable for applying foreign exchange,
banking, customs , foreign affairs and other related matters ; and submit
the statistical information according to relevant regulations to participate in
overseas investment and foreign investment for joint annual comprehensive
performance evaluation.
d) Approved business in Hong Kong and/or Macau, upon registration, the
registration document shall be submitted to the Ministry of Commerce and
the State Council of Hong Kong and Macau for the record. At the same time,
they need to go to the State Government in Hong Kong and Macau for
registration.