Provisions On Administration Of Foreign-Invested Advertising Enterprises

Original Language Title: 外商投资广告企业管理规定

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(March 2, 2004 the State administration for industry and commerce, Ministry of Commerce 8th release) first in order to strengthen the management of foreign-funded advertising enterprise, promote the healthy development of the advertising industry, foreign-investment management and advertising management in accordance with the relevant laws, administrative regulations and these provisions are formulated.
    The second foreign-invested advertising enterprises in these rules refers to the law of Sino-foreign joint ventures engaging in advertising business enterprises, Sino-foreign cooperative enterprises (Sino-foreign joint venture enterprises, Sino-foreign co-operative enterprises this provision known as Sino-foreign advertising joint venture, below), as well as foreign-funded advertising enterprise.
    Third article established foreign investment advertising enterprise, except must comply with this provides outside, also should comply with People's Republic of China Sino-foreign joint venture business law, and People's Republic of China foreign cooperation business law, and People's Republic of China foreign-funded enterprises method, and People's Republic of China advertising method, and advertising management Ordinance, and advertising operators, and advertising released who qualification standard and the advertising business range approved terms specification, about legal, and regulations, and regulations. Fourth foreign-funded advertising enterprise project proposal and feasibility study report, authorized by the State administration for industry and Commerce and the provincial administration for industry and Commerce of the validation.
    Contract and articles of Association of foreign-invested advertising enterprises, authorized by the Ministry of Commerce and the provincial Commerce authorities for review and approval.
    Fifth foreign-funded advertising enterprise meet the required conditions, approved to operate design, production, release, agents at home and abroad a variety of advertising, its scope of operation, authorized by the State administration for industry and Commerce and the provincial administration of industry and commerce in accordance with the advertising agents and advertisement publishers qualification standards and norms approved by the advertising industry to be approved.
    Sixth article established foreign joint venture advertising enterprise, by following program handle: (a) by China main joint venture who, to its location has foreign investment enterprise approved registration right of Business Administration Council reported 12th article provides of file, by its proposed trial views, reported national business administration General authorized of provincial Business Administration Council validation, or by province, and autonomous regions, and municipalities and the bureaus Business Administration Council nuclear turned, reported national business administration General validation.
    Authorized by the State administration for industry and Commerce and the provincial administration of industry and commerce from receipt of all documents in the 20th, to agree or disagree with the decision.
    (B) the State administration for industry and Commerce issued or authorized by provincial administration for industry and Commerce of the foreign-invested advertising enterprises after project approval submissions, major joint venture enterprise to be established by the Chinese provincial Commerce authorities reporting documents in the 13th article, examined and approved by provincial-leveled Commerce authorities, the foreign invested Enterprise approval certificate issued; were rejected, state the reason in writing.
    (Three) China main joint venture who holding national business administration General or its authorized of provincial Business Administration Council issued of foreign investment advertising enterprise project validation submissions, and provincial business competent sector issued of foreign investment enterprise approved certificate and the legal, and regulations provides of other file, by enterprise registration registered of about provides, to national business administration General or has foreign investment enterprise approved registration right of place Business Administration Council handle enterprise registration registered procedures.
    Article seventh foreign-invested advertising enterprises, according to the following procedures shall be followed: (a) by a foreign investor, reported to the State administration for industry and Commerce article 14th files.
    Circular of the State administration for industry and commerce from receipt of all documents in the 20th, to agree or disagree with the decision.
    (B) the State administration for industry and Commerce issued foreign-invested advertising enterprises after project approval submissions, to the location of the enterprise to be established by a foreign investor files provided for in provincial-leveled Commerce departments reported to the 15th, 20th in the first instance by the provincial Commerce authorities reported to the Ministry of Commerce for approval.
    Ministry of Commerce received all of the documents in the 20th, to agree or disagree with the decision after examination and approval, the foreign invested Enterprise approval certificate issued.
    (C) foreign investors issued by the State administration for industry and Commerce of the foreign-funded advertising enterprise project opinion on the examination and the foreign invested Enterprise approval certificate issued by the Ministry of Commerce, and other documents required by laws, regulations, registered under the business registration regulations apply to the State administration for industry and Commerce for a business registration procedures. Eighth foreign-funded advertising enterprise applications to establish branches, according to the following procedures shall be followed: (a) foreign-invested advertising enterprises to the local provincial-leveled Commerce departments, provincial administration for industry and Commerce reported to the 16th article documents; (b) the provincial Commerce authorities in consultation with the administration of industry and Commerce at the same level, after decision to approve or not to approve.
    Approved by decision, file copied and approved the establishment of provincial Commerce authorities and the provincial administration for industry and commerce; were rejected, state the reason in writing, (iii) foreign-invested advertising enterprises to set up branches of the approval documents and laws, regulations and other documents to its branch of the right of establishment and approval of foreign-invested enterprises registration Administration Bureau for industry and Commerce Branch Office registration.
    Nineth establishment of Sino-foreign joint venture commercial enterprise, except in accordance with conditions prescribed by relevant laws and regulations, shall satisfy the following conditions: (a) the parties to the venture shall be enterprises engaging in advertising business; (b) the Parties shall set up and operate more than two years, (iii) advertising business performance.
    Article tenth foreign-funded advertising enterprise, except in accordance with conditions prescribed by relevant laws and regulations, shall satisfy the following conditions: (a) the investor shall be an enterprise mainly engaging in advertising business; (b) investments should be set up and operated for more than three years.
    11th an application for establishing branches of foreign-invested advertising enterprises should possess the following basic conditions: (a) the registered capital is paid in full, (ii) the annual advertising revenues of not less than 20 million Yuan.
    12th article application established foreign joint venture advertising enterprise, by China main joint venture who by sixth article provides of program, to national business administration General or its authorized of provincial Business Administration Council submitted following file: (a) established foreign joint venture advertising enterprise of applications; (ii) Enterprise name advance approved notice; (three) joint venture who shareholders will (Board) resolution; (four) established foreign joint venture advertising enterprise of project proposal and the joint venture parties common prepared of feasibility research report;
    (E) the registration certificate of the parties to the joint venture; (vi) the creditworthiness of the parties to the joint venture; (g) advertising management systems; (h) the preliminary observations of the local administration for industry and commerce.
    13th article application established foreign joint venture advertising enterprise, should by sixth article provides of program, to provincial business competent sector submitted following file: (a) National Business Administration General or its authorized of provincial Business Administration Council issued of foreign investment advertising enterprise project validation submissions; (ii) established foreign investment advertising enterprise of contract, and articles; (three) project feasibility research report; (four) joint venture parties of registration registered proved; (five) joint venture parties of funding letter proved;
    (F) the business name prior approval written notice; (VII) list of the joint venture's Board of Directors and all directors appointed; (h) the preliminary observations of the local departments in charge of Commerce.
    14th article application established foreign advertising enterprise, by investors by seventh article provides of program, to national business administration General submitted following file: (a) established foreign investment advertising enterprise of applications; (ii) investors shareholders will (Board) resolution; (three) investors prepared of project proposal and the feasibility research report; (four) investors of registration registered proved; (five) investors of funding letter proved; (six) Enterprise name advance approved notice.
    15th article application established foreign advertising enterprise, by foreign investors by seventh article provides of program, to Commerce submitted following file: (a) established foreign investment advertising enterprise of applications; (ii) National Business Administration General issued of foreign investment advertising enterprise project validation submissions; (three) investors prepared of project proposal and the feasibility research report; (four) investors of registration registered proved; (five) investors of funding letter proved; (six) established foreign advertising enterprise of articles.
    16th article application established branch institutions of foreign investment advertising enterprise, by eighth article provides of program to provincial business competent sector and the sibling Business Administration Council submitted following file: (a) established foreign investment advertising enterprise branch institutions of applications; (ii) Board resolution; (three) advertising business annual audit report; (four) Enterprise license; (five) business places proved; (six) Enterprise inspection funding report.
    17th after the establishment of foreign-funded advertising enterprise, as a result of one of the following conditions, shall be governed by the procedure provided for in article sixth, seventh for approval, and going through the change of registration: (a) replacement of joint venture or transfer of shares, (ii) change the advertising scope, (iii) change of its registered capital.
    Article 18th foreign-invested advertising enterprises can entrust a qualified intermediary Agency to handle the application formalities.
    19th all of the files submitted in accordance with this article should use Chinese.
    Article 20th through mergers and acquisitions of domestic advertising enterprises investing in the advertising industry, in accordance with the relevant provisions of the mergers and acquisitions of domestic enterprises by foreign investors and the regulations.
    21st the Hong Kong, Macao and Taiwan investors have established enterprises in the Mainland, with reference to these regulations.
    22nd foreign-invested enterprise applies for increased advertising business, reference to these regulations.
    Article 23rd from the date of implementation of this provision allows foreign ownership of Chinese and foreign advertising joint venture majority-owned, equity ratio not exceeding 70%, December 10, 2005, allowed the establishment of foreign-funded advertising enterprise. 24th article of the rules by the State administration for industry and Commerce and the Ministry of Commerce is responsible for the interpretation.

    25th article of the regulations come into force on the date of promulgation.

    Of industry and commerce, the Ministry of foreign trade and economic cooperation issued the regulations on the establishment of foreign-funded advertising Enterprise (business-Canton [1994], No. 304) abolished at the same time, other files that are inconsistent with this provision, and failure. Annex: to promote Hong Kong, and Macau and mainland established more close of trade relationship, encourages Hong Kong service provides who and Macau service provides who in mainland investment established advertising enterprise, according to state approved of Mainland and Hong Kong on established more close trade relationship of arrangements, and Mainland and Macau on established more close trade relationship of arrangements, now on Hong Kong and Macau investors investment advertising industry made added provides following: a, and since January 1, 2004 up,
    Allows Hong Kong service providers and Macao service providers to set up wholly-owned advertising company in the Mainland.
    II, Hong Kong service providers and Macao service providers should comply with the Mainland and Hong Kong closer economic partnership arrangement with the Mainland and Macao closer economic partnership arrangement on the "service provider" definition and requirements of the relevant provisions.
    Three Hong Kong service providers and Macao service providers should operate (including non-main) advertising Corporation.
                                                                                                                Four Hong Kong service providers and Macao service providers to other provisions of the advertising industry in the Mainland, still in accordance with this regulation.

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