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Legal update
China Revised Regulations on the Administration of Foreign-Invested Telecommunications Enterprises
Pubdate：2022.06.01
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Hit：729
On March 29, 2022, the State Council announced the "Decision of the State Council on Amending and Abolishing Certain Administrative Regulations", significantly revising the "Regulations on the Administration of Foreign-Invested Telecommunications Enterprises" (“Regulations”). It will take effect from May 1, 2022. The main contents of this revision are as follows:
1. Redefining "Foreign-Invested Telecommunications Enterprises". Foreign-invested telecommunications enterprises refer to enterprises legally established by foreign investors within the territory of the PRC to operate telecommunications services. Consistent with Article 2 of the Foreign Investment Law.
2. Adding the exception clause "except as otherwise stipulated by the state". The proportion of foreign investment base and value-added business is no longer strictly limited. The investment ratio of foreign investors in foreign-invested telecommunications enterprises operating basic telecommunications services (excluding wireless paging services) shall not exceed 49% in the end. The proportion of foreign investors in foreign-invested telecommunications enterprises operating value-added telecommunications services (including wireless paging services in basic telecommunications services) shall not exceed 50% of the capital in the enterprises.
3. Removing the requirement for foreign investors' telecom operation experience. This revision completely deletes the experience requirements and performance requirements under this clause, which reduces the burden of foreign businessmen applying for licenses and further expands the opening of the telecommunications industry to the world.
4. Simplified approval process arrangement. Shorten the review time for value-added telecommunication services to 60 days. And a lot of pre-procedures have been deleted, and foreign-invested enterprises can apply for telecommunications business licenses directly after completing their registration.
