VIE was official part of the negative

There has been a lot about VIE problem dispute, basic is a gray area. But recently, the ministry of commerce of the public announcement no. 53 released this year may clarify the nature of gray. The ministry of commerce of the People's Republic in 2011 08 January 25, released the 2011 no. 53 announcement, the cloud: according to the office of the state council on the establishment of a foreign investor merges a domestic enterprise security censorship announcement "(countries hair [2011] no. 6) and foreign investment related laws and regulations,NFL hats asked for a wide range of public opinion, and on the basis of our ministry to the implementation of the ministry of commerce of a foreign investor merges a domestic enterprise security matters related to the system of review of the interim provisions on (the ministry of commerce in 2011 announcement no. 8) perfect, formed" the implementation of the ministry of commerce of a foreign investor merges a domestic enterprise security censorship regulations. Now be released, since September 1,, to implement. "The rules" article 9 content as follows: article 9 for a foreign investor merges a domestic enterprise, should the essential contents of the transaction and actual effect to judge whether the merger belongs to the scope of the merger safety review; Foreign investors may not, by any means, essence avoid mergers and acquisitions safety review,NBA hats including but not limited to the generation, trust, multi-level and investment, lease, loans, agreement, foreign trading way control. This at least means, in the determination of m&a safety review within the scope of the operation, including VIE way, avoid is void. The rules or more or less be wavering in China within the validity of the common VIE? To be seen.

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