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  CEPA
 
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Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)

Distribution Services

Liberalization Measures under CEPA

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CEPA I
Sectors or sub-sectors 4. Distribution services
    A. Commission agents' services 
        (excluding salt and tobacco)
    B. Wholesale trade services 
        (excluding salt and tobacco)
Specific commitments

1.

To allow Hong Kong service suppliers to provide, in the form of wholly-owned operations, commission agents' services and wholesale trade services and to set up wholly-owned external trading companies in the Mainland.1

2.

To apply for the setting up of wholesale commercial enterprises in the Mainland on a wholly-owned, equity joint venture, or contractual joint venture basis, Hong Kong service suppliers must fulfill the following conditions:
The average annual sales value of a Hong Kong service supplier in the preceding 3 years is not less than US$30 million; the asset in the preceding year is not less than US$10 million; the minimum registered capital for setting up an enterprise in the Mainland is RMB 50 million. For setting up a wholesale commercial enterprise in the Central and Western Region , the average annual sales value of a Hong Kong service supplier in the preceding 3 years is not less than US$20 million; the minimum registered capital is RMB 30 million.

3.

To apply for the setting up of external trading companies in the Mainland on a wholly-owned, equity joint venture or contractual joint venture basis, the Hong Kong service suppliers must fulfill the following conditions:
The average annual trade value with the Mainland of a Hong Kong service supplier in the preceding 3 years is not less than US$10 million; for setting up an external trading company in the Central and Western Region, the average annual trade value with the Mainland of a Hong Kong service supplier in the preceding 3 years is not less than US$5 million; the minimum registered capital for setting up a company in the Mainland is RMB 20 million; for setting up an external trading company in the Central and Western Region, the minimum registered capital is RMB 10 million.

4.

There are no geographic restrictions for Hong Kong service suppliers to provide, in the form of wholly-owned operations, commission agentsˇ¦ services and wholesale trade services in the Mainland.

Sectors or sub-sectors 4. Distribution services
    C. Retailing services  (excluding tobacco)

Specific commitments

1.

To allow Hong Kong service suppliers to set up wholly-owned retail commercial enterprises in the Mainland.3

2.

To apply for the setting up of retail commercial enterprises in the Mainland on a wholly-owned, equity joint venture or contractual joint venture basis, Hong Kong service suppliers must fulfill the following conditions:
The average annual sales value of a Hong Kong service supplier in the preceding 3 years is not less than US$100 million; the minimum asset in the previous year is US$10 million; the minimum registered capital for setting up an enterprise in the Mainland is RMB 10 million. For setting up a retail commercial enterprise in the Central and Western Region, the minimum registered capital is RMB 6 million.

3.

To allow Hong Kong service suppliers to set up retailing enterprises in all cities at the prefectural level in the Mainland, and cities at the county level in Guangdong Province.

4.

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To allow Hong Kong service suppliers to set up wholly owned retailing enterprises in the Mainland for sale of motor vehicles4 .
5.

To allow Hong Kong permanent residents with Chinese citizenship to set up, in accordance with the relevant laws,  regulations and administrative regulations, individually owned stores in Guangdong to provide retailing services excluding franchising operation, without being subject to the approval procedures applicable to foreign investments. The sales area of such stores should not exceed 300 square metres. 

 

 

1 The wholesale trade services and commission agents' services provided by Hong Kong service suppliers in the Mainland in respect of books, newspapers, magazines, pharmaceutical products, pesticides, mulching film, chemical fertilizers, processed oil and crude oil remain subject to Mainland's commitments to members of the World Trade Organization.

2In this Annex, the Central and Western Region include Central Region and Western Region. Western Region refers to 12 provinces/autonomous regions/municipality including Chongqing, Sichuan, Guizhou, Yunnan, Tibet, Shaanxi, Gansu, Qinghai, Ningxia, Xinjiang, Inner Mongolia and Guangxi; and Xianxi Tugia-Miao Autonomous Prefecture of Hunan Province, Enshi Tugia-Miao Autonomous Prefecture of Hubei Province and Yanbian Korean Autonomous Prefecture of Jilin Province. Central Region refers to 8 provinces including Heilongjiang, Jilin, Shanxi, Henan, Hubei, Hunan, Anhui and Jiangxi.

3 The retailing services provided by Hong Kong service suppliers in the Mainland in respect of books, newspapers, magazines, pharmaceuticals, pesticides, mulching film, chemical fertilizers, staple food, vegetable oil, edible sugar, cotton and processed oil remain subject to Mainland's commitments to members of the World Trade Organization.

4 Chain stores with more than 30 outlets remain subject to Mainland's commitments to members of the World Trade Organization.

 

CEPA II
Sectors or sub-sectors 4. Distribution services
    A. Commission agents' services 
        (excluding salt and tobacco)
    B. Wholesale trade services 
        (excluding salt and tobacco)
Specific commitments

To allow commission agents' services and wholesale trade enterprises, established by Hong Kong service suppliers in the Mainland on a wholly-owned basis, to operate services in respect of books, newspapers, magazines, pharmaceutical products, pesticides and mulching films with effect from 28 August 2004.5

Sectors or sub-sectors 4. Distribution services
     C. Retailing services   (excluding tobacco) 

Specific commitments

1.

To allow retail trade enterprises, established by Hong Kong service suppliers in the Mainland on a wholly-owned basis, to operate services in respect of books, newspapers, magazines, pharmaceutical products, pesticides mulching films and processed oil with effect from 28 August 20046.

2.

To allow Hong Kong service suppliers to set up wholly-owned retail enterprises in the Mainland for retailing of motor vehicles in accordance with the relevant motor vehicle distribution rules in the Mainland7 . To waive the qualification requirement for application for the setting up of the above enterprises for Hong Kong service suppliers.8


5 Wholesale trade services and commission agents' services provided by Hong Kong service suppliers in the Mainland in respect of chemical fertilizers, processed oil and crude oil remain subject to Mainland's commitments to members of the World Trade Organization.

6 Chain stores with more than 30 outlets remain subject to Mainland's commitments to members of the World Trade Organization. The retailing services provided by Hong Kong service suppliers in the Mainland in respect of chemical fertilizers, staple food, vegetable oil, edible sugar and cotton remain subject to Mainland's commitments to members of the World Trade Organization.

7 Chain stores with more than 30 outlets remain subject to Mainland's commitments to members of the World Trade Organization.

8 Original qualification requirements are "the average annual sales value of a Hong Kong service supplier in the preceding 3 years is not less than US$100 million; the minimum asset in the previous year is US$10 million; the minimum registered capital for setting up a motor vehicle retail commercial enterprise in the Mainland is RMB 10 million. For setting up a motor vehicle retail commercial enterprise in the Central and Western Region, the minimum registered capital is RMB 6 million."

 

CEPA III
Sectors or sub-sectors 4. Distribution services
    A. Commission agents' services 
        (excluding salt and tobacco)
    B. Wholesale trade services 
        (excluding salt and tobacco)
    C. Retailing services 
        (excluding tobacco)
Specific commitments 1.

To allow Hong Kong service suppliers to operate commission agents' services in respect of chemical fertilizers, processed oil and crude oil, and wholesale trade services and retailing services in respect of chemical fertilizers, on a wholly-owned, equity joint venture, or contractual joint venture basis.

2.

For the same Hong Kong service supplier which opens more than 30 stores accumulatively in the Mainland, if the commodities for sale include books, newspapers, magazines, automobiles (this restriction to be lifted from 11 December 2006), pharmaceutical products, pesticides, mulching films, chemical fertilizers, staple food, vegetable oil, edible sugar and cotton, and the above commodities are of different brands and come from different suppliers, the Hong Kong service supplier is allowed to become the controlling shareholder, with the proportion of capital contribution not exceeding 51%.9


9 If the commodity for sale is processed oil, Mainland's commitments to members of the World Trade Organization are still applicable. 

 

2006 Liberalization Measures
Sectors or sub-sectors 4. Distribution services
    A. Commission agents' services 
         (excluding salt and tobacco)
    B. Wholesale trade services 
         (excluding salt and tobacco)
    C. Retailing services 
         (excluding tobacco)
    D. Franchising

Specific commitments

For the same Hong Kong service supplier which opens more than 30 stores accumulatively in the Mainland, if the commodities for sale include books, newspapers, magazines, pharmaceutical products, pesticides, mulching films, chemical fertilizers, staple food, vegetable oil, edible sugar and cotton, and the above commodities are of different brands and come from different suppliers, the Hong Kong service supplier is allowed to become the controlling shareholder, with the proportion of capital contribution not exceeding 65%.10


10 If the commodity for sale is processed oil, the Mainland's commitments to members of the World Trade Organization are still applicable.

 

2007 Liberalization Measures
Sectors or sub-sectors 4. Distribution services
    A. Commission agents' services 
         (excluding salt and tobacco)
    B. Wholesale trade services 
         (excluding salt and tobacco)
    C. Retailing services 
         (excluding tobacco)
    D. Franchising

Specific commitments

For the same Hong Kong service supplier which opens more than 50 stores accumulatively in the Mainland, if the commodities for sale include pharmaceutical products, pesticides, mulching films, chemical fertilizers, vegetable oil, edible sugar and cotton, and the above commodities are of different brands and come from different suppliers, the Hong Kong service supplier is allowed to become the controlling shareholder, with the proportion of capital contribution not exceeding 65%.11

11 If the commodity for sale is processed oil, the Mainland's commitments to members of the World Trade Organization are still applicable.

2008 Liberalization Measures
Sectors or sub-sectors 4. Distribution services
    A. Commission agents' services 
         (excluding salt and tobacco)
    B. Wholesale trade services 
         (excluding salt and tobacco)
    C. Retailing services 
         (excluding tobacco)
    D. Franchising

Specific commitments

For the same Hong Kong service supplier which opens more than 30 stores accumulatively in the Mainland, if the commodities for sale include pharmaceutical products, pesticides, mulching films, chemical fertilizers, vegetable oil, edible sugar and cotton, and the above commodities are of different brands and come from different suppliers, the Hong Kong service supplier is allowed to operate on a wholly-owned basis.12


12 If the commodity for sale is processed oil, the Mainland's commitments to members of the World Trade Organization are still applicable.

 

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Last revision date: 18 December 2008