Circular Of The State Administration For Industry And Commerce On The Decision To Repeal Or Modify The Part Of The Industry And Commerce Administrative Regulations

Original Language Title: 国家工商行政管理总局关于废止和修改部分工商行政管理规章的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
  

(Released April 29, 2016, State administration for industry and commerce, 86th), optimization services in order to implement the decentralization reform, further stimulating market vitality and to ensure "stable economic growth and promote reforms, structural adjustment, improve people's livelihood" policy measures to implement the landing, the State administration for industry and commerce to clean up the industrial and commercial administrative regulations in force. After cleaning, the State administration for industry and Commerce decision: first, the 10 rules be repealed. (Annex 1) and the 4 parts of the regulations be amended.

(Annex 2) as of the date of promulgation of the present decision.

People's Republic of China regulations on registration of the rules for the implementation of the foreign (region) enterprises engaged in production and business activities in China the measures for Administration of registration of enterprises with foreign investment licensing procedures governing registration and the industrial and commercial administrative organs equity pledge registration procedures be revised according to this decision, republished. Annexes: 1. SAIC decided to repeal regulations 2. SAIC decided to amend Annex 1 of the regulations: SAIC decided to repeal the regulations, advertising management, detailed rules for the implementation of the Ordinance (January 9, 1988, Commerce and industry wide Word (1988) announced on December 3, 1998, Commerce, 86th, 13th amendment for the first time on December 1, 2000, commerce made its 99th, second amendment November 30, 2004 the State administration for industry and commerce to 18th, third revised December 12, 2011, the State administration for industry and commerce, the 58th Fourth Amendment) second, interim provisions on the administration of industry and Commerce (December 19, 1995, Commerce published on December 17, 1996, Commerce, 63rd, 45th first amendment December 12, 2011, the State administration for industry and commerce, the 58th second amendment) three measures for the supervision and administration of scenic spots and the self-employed (January 22, 1997, Commerce released on December 3, 1998, Commerce, 86th, 74th Amendment) four, the implementation measures for the international registration of marks Madrid Protocol (April 17, 2003 of the State administration for industry and Commerce announced, 7th) five, and the management of brokers (Released August 28, 2004 the State administration for industry and commerce, 14th), six, of the tobacco advertisement provisional measures (December 20, 1995, State administration for industry and make amendments, December 30, 1996, Commerce released the 69th, 46th) seven, the advertising business eligibility policy (released on November 3, 1997, Commerce, the 78th

On December 3, 1998, Commerce, 86th Amendment) eight, the management of print ads (November 30, 2004 the State administration for industry and Commerce announced 17th) nine, the provisions on the registration administration of outdoor advertisements (May 22, 2006, of the State administration for industry and Commerce announced 25th) ten, the trademark Agency Regulations (published July 12, 2010 the State administration for industry and commerce, the 50th) Annex 2:

SAIC decided to revise the regulations and the People's Republic of China to administer the registration of modifying detailed rules for the implementation of the Ordinance (a) by deleting the fifth, 17th, 22nd.

(B) the tenth to Nineth, "the eighth and Nineth" amended to read "seventh and eighth."

(C) at its 35th to 32nd, by deleting the clause "or institutions".

(D) at its 36th to 33rd, third paragraph by deleting the article.

(E) at its 37th to 34th, by deleting the second paragraph of the article.

(F) at its 44th to 41st, by deleting the clause "or institutions".

(G) at its 46th to 43rd, by deleting the clause in the "offices".

(H) the 51st to 48th, by deleting the clause in the "offices".

(I) at its 58th to 55th, by deleting the clause in the "foreign investment enterprise registration certificate of business".

(J) the 67th to 64th, will be one of the "32nd" is amended as "31st".

(11) article 68th to 65th, will the "36th" amended to "35th".

(12) the clause order adjusted accordingly. II, and on foreign (area) enterprise in China territory engaged in production business activities registration management approach made modified (a) second article modified for: "according to national about legal, and regulations of provides, by State and the State authorized of competent organ (following referred to approval organ) approved, in China territory engaged in production business activities of foreign enterprise, should to provincial business administration sector (following referred to registration competent organ) application registration registered. Approved and registered by the competent registration authority of foreign enterprises, after receiving the business license, production and business activities. Been approved by the approval authority and the registration authority approved and registered foreign enterprises may not engage in production and business activities in China. "(Ii) by deleting to fifth article second items in the of" engaged in land, and marine of oil and the other mineral resources exploration development of, should submitted foreign economic Trade Department of approved file; contracting marine oil engineering of, should submitted China marine oil Corporation of agreed letter; contracting land oil engineering of, should submitted China oil gas Corporation or its authorized units of agreed letter; foreign bank established branch of, should submitted people's Bank of China of approved file; contracting housing, and wood soil engineering built, and decorative or line, and pipeline, and Equipment installation, shall be submitted to the Ministry of construction issued the certificate of qualification of foreign contracted projects; contracting or entrusted management of foreign-funded enterprises, shall be submitted to the approval documents of the foreign-invested Enterprise contract and articles of the approving authority; engaging in other business activities, according to its production and business activities of industry, respectively, submitted to the corresponding competent authority file. "(C) the 14th amendment:" foreign enterprise shall be from January 1 to June 30 of each year, through the business credit information publicity system to the original competent registration authority annual report, and to the public.

"(D) 16th article is revised as follows:" to urge foreign companies to submit annual reports to the public. "

Three, and on foreign investment enterprise authorized registration management approach made modified (a) fourth article in the of "bureaus and deputy provincial city business administration Council and prefecture-level city, and autonomous Business Administration Council (following collectively to level business administration Council)" modified for: "and the provincial following Business Administration Council (branch)"; first items modified for: "area within foreign investment reached must scale, or has established of foreign investment enterprise up 50 households above"; by deleting to third items in the of "annual early check". (B) the fifth paragraph is revised as follows: "except as provided in the preceding paragraph the documents, applications should also be submitted to the people's Government at the establishments of management or by the administration of industry and Commerce approved the establishment of registration management of foreign-invested enterprises allied agencies and staffing files.

"(C) in the sixth" ground-level industry and Commerce administrative Bureau "is amended as" provincial administration for industry and commerce. "

(D) the Nineth of article "ground-level industry and Commerce administrative Bureau" is amended as "provincial administration for industry and commerce."

(E) by deleting article tenth of "funding early check, inspection and test".

(Vi) in the 12th, "provincial administration for industry and commerce" is amended as "superior industrial and commercial Administration Bureau"; "level is authorized to Board" amended to "subordinate authorized." (G) the 14th amendment: "the foreign (area) enterprise resident representative office registration certificate, representative certificate uniformly printed by the State administration for industry and commerce, is authorized in accordance with the regulations apply. "Four and the Administration for industry and Commerce shares are pledged to modify the registration (a) by deleting the fifth in the" to the pledge of the equity of the company with foreign investment shall be subject to the original company for approval of establishment of authorities for approval before they can apply for the registration of the pledge. "(B) the 15th article is revised as follows:" equity pledge registration authorities shall be registered in the corporate credit information publicity system of publicity, for the public to query.











"(C) by deleting the 16th in the" register ". People's Republic of China regulations on registration regulations (November 3, 1988, Commerce released 1th of December 25, 1996, Commerce amended for the first time on December 1, 2000, commerce made its 96th, 66th, second revised December 12, 2011, the State administration for industry and commerce, the 58th third revision

 

February 20, 2014, State administration for industry and commerce, the 63rd fourth revision April 29, 2016, the State administration for industry and commerce, the 86th Fifth Amendment) article in accordance with the People's Republic of China controlling the Registration Ordinance (hereinafter referred to as the regulations), these regulations have been formulated.

  Scope of registration article has the conditions of corporate-owned enterprises and collectively-owned enterprises, joint enterprises, foreign-funded enterprises set up in China (including Sino-foreign joint ventures, Chinese-foreign contractual joint ventures, foreign-funded enterprises) and other business enterprises shall, on the relevant provisions of the national laws and regulations and these rules, apply for registration.

  Article III implementation of enterprise management, the State no longer allocate funds of institutions engaged in business activities of science and technology and social groups, meet the corporate requirements shall apply for registration.

  Fourth article does not meet the corporate requirements of the following enterprises and business units, shall apply for business registration: (a) the associated enterprises; (b) If a branch which (iii) branches of foreign-funded enterprises established; (d) operational activities of other units.

  

Fifth of provinces, autonomous regions and municipalities shall be registered provided corporate and business unit, in accordance with the relevant provisions of the Ordinance and these rules, apply for registration. Sixth industrial and commercial administrative organs is an enterprise legal person registration authorities registration and business registration authorities.

  The registration authority shall independently exercise their powers graded registration principles.

  The registration of foreign-invested enterprises, State administration for industry and commerce administration and authorized registration management principles.

  By the competent registration authority has the right to correct a subordinate registration authority does not comply with national laws, regulations and policy decisions.

  Seventh article National Business Administration General is responsible for following enterprise of registration management: (a) State approved established of or industry centralized management sector review agreed by State the sector and technology sex social groups established of national company and large; (ii) State approved established of or State authorized sector review agreed established of large group; (three) State authorized sector review agreed by State the sector established of business import and export business, and labor output business or foreign contracting engineering of company. Eighth article province, and autonomous regions, and municipalities Business Administration Council is responsible for following enterprise of registration management: (a) province, and autonomous regions, and municipalities Government approved established of or industry centralized management sector review agreed by Government the sector and technology sex social groups established of company and Enterprise; (ii) province, and autonomous regions, and municipalities Government approved established of or Government authorized sector review agreed established of Group; (three) province, and autonomous regions, and

  Municipality approval authorized departments established by the various government departments engaged in import and export business, Labor export businesses or foreign engineering contracting companies and (iv) Administration for industry and commerce in accordance with the relevant provisions of the State nuclear company or branch office.

  Nineth of municipal, County and district (of cities above the county level, the same below) Administration for industry and commerce is responsible for the seventh and eighth administration of registration of other enterprises of the enterprises listed.

  Tenth Article National Business Administration General authorized of place Business Administration Council is responsible for following foreign investment enterprise of registration management: (a) province, and autonomous regions, and municipalities Government or Government authorized organ approved of foreign investment enterprise, by national business administration General authorized of province, and autonomous regions, and municipalities Business Administration Council registration management; (ii) City Government or Government authorized organ approved of foreign investment enterprise, by national business administration General authorized of City Business Administration Council registration management.

  11th the State administration for industry and Commerce and the provincial, autonomous region, municipality directly under the administration of industry and commerce shall be approved and registered by the enterprise's information, copied to the enterprise of the city or County, the District Administration for industry and commerce.

12th levels of registration authorities can use register archives, statistical data and related information on the basis of registration, to organs, enterprises, institutions, social organizations and other units and individuals to provide various forms of consulting services.

  Registration conditions 13th article application corporate registration, should has following conditions (foreign investment enterprise another column): (a) has meet provides of name and articles; (ii) has national grant of enterprise business management of property or Enterprise all of property, and can to its property independent bear civil responsibility; (three) has and production business scale phase adapted of business management institutions, and financial institutions, and labor organization and legal or articles provides must established of other institutions; (Four) has necessary of and and business range phase adapted of business places and facilities; (five) has and production business scale and business phase adapted of practitioners, which full-time personnel shall not less than 8 people; (six) has sound of accounting system, can implemented independent, self-financing, independent prepared funds balance table or balance sheet; (seven) has meet provides amounts and and business range phase adapted of registered funds, national on enterprise registered funds amounts has special provides of by provides implementation; (eight) has meet national legal, and

  Scope of regulations and policy provisions, and (IX) other conditions stipulated by laws and regulations.

  14th article foreign investment enterprise application corporate registration, should has following conditions: (a) has meet provides of name; (ii) has approval organ approved of contract, and articles; (three) has fixed business places, and necessary of facilities and practitioners; (four) has meet national provides of registered capital; (five) has meet national legal, and regulations and policy provides of business range; (six) has sound of accounting system, can implemented independent, self-financing, independent prepared funds balance table or balance sheet.

  15th to apply for business registration, subject to the following conditions: (a) meet the required name; (b) a fixed place of business and facilities, (iii) have a corresponding management institutions and persons in charge; (d) the required financial and business activities in China and (e) meet the required operating range (vi) have a corresponding financial accounting system.

  Does not have the conditions of corporate affiliates, and there should be a signed agreement.

  Establishment of foreign invested enterprises engaged in business activities of branches should be introduced for non-independent. 16th article corporate articles of content should meet national legal, and regulations and policy of provides, and contains Ming following matters: (a) purposes; (ii) name and residence; (three) economic nature; (four) registered funds amounts and source; (five) business range and business way; (six) Organization institutions and terms; (seven) statutory representative people produced of program and terms range; (eight) financial management system and profit distribution form; (nine) labor labor system; (ten) articles modified program; (11) terminated drive

  Sequence: (12) other matters.

  Associates or dealing with regulation shall contain: (a) the joint contribution of the parties, the amount and duration of investment, (ii) and members ' rights and obligations of the parties, (iii) participation in and out of the conditions, procedures, (iv) Organization and management of production, forms, terms of reference and decision-making procedures (v) is mainly responsible for the term.

JV contract and articles of Association of enterprises with foreign investment in accordance with the People's Republic of China Law on Sino-foreign joint ventures and the People's Republic of China Chinese-foreign contractual joint ventures and the People's Republic of China related provisions of the law on foreign-funded enterprises.

  Items of registration article 17th registration registration of major events in accordance with the regulations stipulated in the Nineth of handling.

  Operating the main issues are: name, address, person in charge and business scope, mode of operation, economic characteristics, affiliations, funding.

  18th major matters of registration of enterprises with foreign investment are: names, addresses, business scope, total investment, registered capital, type of business, legal representative, duration of service, branch, limited liability company or share the names of the sponsors or the name.

  19th, registration of branches of foreign-invested enterprises to set up the main issues are: name, business premises, person in charge and business scope, under the enterprise.

  20th Enterprise name shall conform to the relevant State laws and regulations and the provisions of the registration authority.

  21st residence, address, locations by city, County, (town) and street number address details registered. 22nd article approved and registered by the competent registration authority on behalf of enterprises the main responsible person acting, is the legal representative of the enterprise.

  Legal representative is to represent the Corporation exercises its powers according to the regulations of the signatory.

  The legal representative of the enterprise must be a person with full civil capacity and shall comply with the provisions of the national laws, regulations and policies.

  23rd registration authority submitted in accordance with the applicant's documents and regulations reflected in the forms of property ownership, funding, distribution, approval of enterprises and business units of an economic nature. Approved for ownership by the nature of the economy, and ownership.

  Joint venture combined the economic nature of the parties to be given, and marked "associates".

  24th type of foreign-invested enterprises approved for Sino-foreign joint ventures, Sino-foreign joint ventures and wholly foreign-owned business. 25th registration authority according to the applicant's application and the conditions, in accordance with national laws, regulations and policies and the standardization requirements, approved business scope and mode of operation.

  Enterprises must, in accordance with the registration authority approved and registered scope of business engaged in business activities and operations. 26th registered capital amount is the corporate management of property or corporate property of all currencies.

  Unless otherwise provided by the State, the registered capital of the Enterprise shall be consistent with real money.

  If a register of sources of funding include the financial sector or of establishing a corporate funding and investment.

  27th foreign-invested enterprises registered capital of foreign-invested enterprises registered with the registration authority capital total subscribed capital investors.

  Share of total investment and registered capital shall comply with relevant regulations of the State. 28th operating period is joint venture enterprises, enterprises with foreign investment regulations, agreement or contract determining the operating time.

Operating period of registration date of registration approved by the competent authority.

  Registration opening 29th applying for registration, shall be governed by section 15th of the regulations (a) to (g) submission of documents and certificates.

  Articles should be approved by the competent departments for examination and approval.

  Funds credit proved to be financial sector documents to prove enterprise owned by the funds.

  Verification proves to be certified public accountants or auditing firms and other institutions with capital verification qualification certificate of authenticity of the money file. Companies serving mainly responsible for the identification, including file and photo resume.

  Resume by the head of employee relations unit or issued by the Township and community. 30th article foreign investment enterprise application corporate registration, should submitted following file, and documents: (a) Chairman signed of foreign investment enterprise registration applications; (ii) contract, and articles and approval organ of approved file and approved certificate; (three) about project proposal or feasibility research report of approved file; (four) investors legal opened proved; (five) investors of funding letter proved; (six) Board list and Board members of name, and address of file and served file and statutory representative people of identity proved

  And (g) other relevant documents and certificates.

  31st to apply for business registration, depending on the circumstances, submit the following documents and certificates: (a) the application for registration, (ii) proof of operating funds and (iii) the appointment of the head of (iv) premises used, (v) other relevant documents and certificates.

  Article 32nd foreign-funded enterprises applying for establishing a branch, shall submit the following documents and certificates: (a) attached to the application for registration signed by the Chairman, (ii) the notification of the original registration authorities; (c) attached to the resolution of the Board of Directors, (iv) licensed copy of the enterprise; (e) the appointment of the head of; (vi) other relevant documents and certificates.

  Laws, regulations, and the State administration for industry and commerce regulation provides for the establishment of branch offices subject to approval, should be submitted for approval document.

  33rd article registration competent organ should on application units submitted of file, and documents, and registration applications, and registration registered book and other about file for review, by approved Hou respectively issued following card as: (a) on has corporate conditions of enterprise, issued enterprise corporate license; (ii) on not has corporate conditions, but has business conditions of enterprise and business units, issued license.

  The registration authority shall be fixed for each registered, be indicated on the certificate issued and recorded in the registration files. 34th registration issued by the competent authorities of the business license of the enterprise legal person qualifications and credentials to legally operate. A business license issued by the competent registration authority is the right to the legal code of the business certificate.

  

Seal of the credentials of the business license of the code of the business can be engraved, open bank accounts, production and operation activities carried out within the approved scope of business.

  Reregistration 35th article 17th of an enterprise as legal person in accordance with the Ordinance, when the application for registration of changes, should submit the following documents and certificates: (a) the application for registration of change signed by the legal representative, (ii) file of the original approval authority, (iii) other relevant documents and certificates.

  Article 36th enterprise real money compared with the original amount of registered capital increase or reduction exceeds 20%, should hold the funds to credit or capital verification certificate, apply to the competent registration organ for change registration.

  The registration authority at the time of application for approval of enterprise reduce its registered capital, should re-examine the scope and mode of operation. 37th corporate offsite (across the original competent registration authority jurisdiction) introduce or withdraw branch, shall apply to the competent registration organ for change registration.

  After it has been approved, the branch is located applies for registration or to cancel the registration of the registration authorities.

  If a branch to start a business in a foreign country or additional, should be made to the competent registration authorities for the record.

  Enterprises retained article 38th Division or merger shall apply for registration of change new enterprise because of separation or merger shall apply for registration; after the merger and termination of the Enterprise shall apply for cancellation of registration. 39th enterprise migrations (cross-jurisdiction of the original competent registration authority), shall apply to the competent registration authorities complete removal formalities; original competent registration authority according to the views of the local registration authorities agreed to move into the new premises, withdraw the business license revoked registration number, open migration proved, and seat of the new enterprise file transfer enterprise registration authority.

  Enterprise Migration certificates and related approval documents, to the new seat of the competent registration organ for change registration, receive the business license. 40th competent Department of an enterprise as legal person changes, involving mainly the registration of, respectively, the related documents to apply for change, business, cancellation of registration.

  Does not involve main registration changes, Enterprise legal person shall have the authority to change the relevant documents, to the competent registration authorities for the record in a timely manner. 41st change registration of enterprises with foreign investment shall apply for registration of change.

  When the application for registration of changes, should submit the following documents and certificates: (a) the application for registration of change signed by the Chairman of; (b) resolution of the Board and (iii) change of shareholders, registered capital, business scope, operating period shall be submitted to the original examination and approval authority files.

  Laws, regulations, and the State administration for industry and commerce regulation provides for the establishment of branch offices subject to approval, the approval documents to be submitted to the original examination and approval organ.

  Foreign investment enterprise change residence, also should submitted residence using proved; increased registered capital involved change original contract of, also should submitted added agreement; change enterprise type, also should submitted modified contract, and articles of added agreement; change statutory representative people, also should submitted delegate party of delegate proved and was delegate personnel of identity proved; transfer equity, also should submitted transfer contract and modified original contract, and articles of added agreement, and by let party of legal opened proved and funding letter proved.

  Foreign-invested enterprises Board of Directors changes, should be made to the competent registration authorities for the record. 42nd operating unit change the main business registration matters, should apply for registration of change.

  Change of registration procedures and shall submit the documents and certificates, light of the relevant provisions of enterprise alteration registration. The 43rd foreign-invested enterprises to set up branch changes its registered items, you should apply for registration of change.

  Change of registration procedures and shall submit the documents and certificates, reference to registration of enterprises with foreign investment-related provisions.

44th the competent registration authority shall apply for registration of change of submitting relevant documents and certificates are available in the 30th after make a Reregistration decision to or not to grant approval for registration of change.

  Deregistration 45th 20th of an enterprise as legal person in accordance with the Ordinance provides that the application for cancellation of registration, should submit the following documents and certificates: (a) the application for deregistration signed by legal representative; (ii) file of the original approval authority, (iii) issued by the competent authorities or clearing organization is responsible for cleaning up creditor's rights and liabilities of files proved the end of or dealing with the debt.

  46th article foreign investment enterprise should since business expires of day or terminated business of day, and approved certificate automatically failure of day, and original approval organ approved terminated contract of day up three months within, to original registration competent organ application cancellation registration, and submitted following file, and documents: (a) Chairman signed of cancellation registration applications; (ii) Board of resolution; (three) cleanup claims debt end of report or liquidation organization is responsible for cleanup claims debt of file; (four) tax organ, and Customs issued of-paid proved.

  Laws and regulations must be approved by the original approval authority, the approval documents should also be submitted to the original examination and approval organ.

  Cannot submit the resolutions of the Board and otherwise provided by States for write-off of foreign-funded enterprises, according to the relevant State provisions. Terminate of 47th operating units business activity shall apply for cancellation of registration.

  Cancellation of registration procedures and shall submit the documents and certificates, reference to enterprise to cancel the registration of the relevant provisions.

  48th foreign-invested companies have withdrawn their affiliates shall apply for cancellation of registration, and submit the following documents: (a) attached to the application for cancellation of registration signed by the Chairman, (ii) under the resolutions of the Board of Directors.

49th registration authority approved the cancellation of registration or to revoke the driving licences should be repealed at the registration number collection license, copy and official seals, and notifies the depositary bank.

  50th registration authority the registration approval process audit registration procedure is accepted, review, approval, licensing, announcement.

  (A) acceptance: units of application for registration shall be submitted to the files and documents and reported after the registration is complete, admissible or inadmissible.

  (B) review: review of submitted documents, documents and completing the registration if they meet the relevant provisions on administration of registration.

  (C) approval: after review and verification, approved or not approved and registered by the decision, and promptly notify the register unit.

(D) licensing: the approved and registered by the applicant, each Party shall issue the license, inform the legal representative (head) receive a license, and go through the formalities of signature of the legal representative.

  Publicity and control the 51st registration authorities registration, public record information through the enterprise credit information system to the public.

  52nd legal person shall be from January 1 to June 30 of each year, through the business credit information disclosure system to competent registration authority annual report, and to the public.
Contents of the publication of the annual report and the supervision and inspection in accordance with regulations of the State Council.

  53rd of the business license, and includes an original and a copy of the business license, as has the force of law. Originals should be hung in the main office or the principal place establishments.

  Registration authority according to the needs of enterprise applications and business activities, licensed copies number of copies. National e-business license.

  Electronic business licenses and paper license shall have the same legal effect.

  54th registration authorities to apply for registration of construction business, approved and registered after the issuance of the construction permit.

55th license original and copy, the construction license, Enterprise legal person applying for registration book, opened enterprises to apply for business registration, businesses apply for registration of change, businesses apply for cancellation of registration, enterprise application for establishment registration and other important instruments related to registration and Administration form, formulated by the State administration of industry and commerce.

  Supervision management and penalty is 56th article registration competent organ on Enterprise for supervision management of main content is: (a) supervision enterprise whether according to Ordinance and this rules provides handle opened registration change registration and cancellation registration; (ii) supervision enterprise whether according to approved registration of matters and articles, and contract or agreement carried out business activities; (three) supervision enterprise whether according to provides submitted, and publicity annual report; (four) supervision enterprise and statutory representative people whether comply with national about legal, and regulations and policy. 57th competent registration authorities at all levels, within a jurisdiction has the right to supervise and inspect the enterprise.

  Enterprises shall be subject to inspection, required to check the documents, books, reports and other relevant information. Article 58th registration authority within the jurisdiction of the enterprises when conducting supervision and inspection, in accordance with relevant regulations will be punished.

  But order the rectification, withholding or revocation of license, can only be decided by the original licensing authority.

  59th by the competent registration authority to subordinate registration authority not appropriate punishment has the right to redress.

  Penalties for illegal enterprise permissions and procedures by the State administration for industry and Commerce and the provincial, autonomous region, municipality directly under the administration of industry and commerce, respectively provided for.

  60th article on has following behavior of enterprise and business units, registration competent organ made following punishment, can single at, also can and at: (a) without approved registration unauthorized opened engaged in business activities of, ordered terminated business activities, confiscated illicitly acquired, sentenced illicitly acquired amount 3 times times following of fine, but highest not over 30,000 yuan, no illicitly acquired of, sentenced 10,000 yuan following of fine. (B) when applying for the registration of concealing facts, fraud, in addition to ordering to provide the real circumstances, depending on their specific circumstances, with a warning, confiscate, illicitly acquired 3 times the amount of a fine, but not exceeding 30,000 yuan, no ill-gotten gains, fined 10,000 yuan fine. Review does not meet the corporate requirements or operating conditions, revoke their business licenses.

  Forgery of obtaining business licenses, confiscate, illicitly acquired 3 times the amount of a fine, but not exceeding 30,000 yuan, no ill-gotten gains, fined 10,000 yuan fine and revoke its business license. (C) changing major registration matters, not in accordance with the provisions for registration of change, with a warning, confiscate, illicitly acquired 3 times the amount of a fine, but not exceeding 30,000 yuan, no ill-gotten gains, fined 10,000 yuan fine, and deadlines apply for registration of change fails to go through, order rectification or withhold business licenses in serious cases, revoke their business licenses.

  Engaged in business activities beyond the term of operation, as a business without a license, in accordance with the provisions of this article. (D) beyond the range approved and registered by the engaged in business activities or operations, depending on the seriousness, with a warning, confiscate, illicitly acquired 3 times the amount of a fine, but not exceeding 30,000 yuan, no ill-gotten gains, fined 10,000 yuan fine.

  Violation of other relevant regulations of the State, engaged in illegal business operations, to order the rectification, confiscation, illicitly acquired 3 times the amount of a fine, but not exceeding 30,000 yuan, no ill-gotten gains, fined 10,000 yuan fine; the circumstances are serious, revoke their business licenses.

  (E) infringing upon the right to exclusive use, in accordance with relevant regulations of Enterprise name registration.

  (Vi) forge, alter, lease, lend, transfer, sell a business license, confiscate, illicitly acquired 3 times the amount of a fine, but not exceeding 30,000 yuan, no ill-gotten gains, fined 10,000 yuan fine; the circumstances are serious, revoke their business licenses.

  (G) according to the provisions suspended license, with a warning and order them to correct; it refuses and fined 2000 Yuan fine.

  (H) the flight, transfer of funds, hiding property to evade debts, ordered to complement withdrawal or transfer of funds to recover hidden property, confiscation, illicitly acquired 3 times the amount of a fine, but not exceeding 30,000 yuan, no ill-gotten gains, fined 10,000 yuan fine; the circumstances are serious, closed for rectification or revoke its business license. (I) is not required to apply for cancellation of registration, ordered the cancellation of registration.

  Who refuse to handle, up to 3000 Yuan fines, revoke its business license, and can be held accountable for the responsibilities of the Department in charge.

  (J) the reject supervision and inspection or accept supervision and inspection in the process of being insincere and in addition ordered to accept supervision and inspection, and to provide the real circumstances, be warned, fined 10,000 yuan fine.

  Registration authorities after the company made the decision against such offences, Enterprise fails to lodge complaints without pay and confiscated money, may request the people's Court for compulsory execution.

  61st to units and individuals providing false documents and certificates, in addition ordered to compensate to produce false documents, documents the damage caused to other things, fined 10,000 yuan fine.

  62nd registration authorities when investigating and dealing with illegal activities of enterprises, which constitute the crime the person concerned, and handed over to judicial organs for handling.

  63rd registration authority for not complying with the provisions of staff procedures for registration, supervision and gross negligence, according to the seriousness of the corresponding administrative sanction, constitute a crime officers and handed over to judicial organs for handling.

64th enterprises in accordance with the Ordinance the 31st article of higher registration authorities for reconsideration, registered at a higher level shall, within the period specified by the competent authority to enforce, cancellation or correction of a reconsideration decision, and notify the application for reconsideration of the enterprise.

  By-laws article 65th under article 35th of the Ordinance shall apply for registration of establishment of the enterprise, in accordance with the relevant State Council departments, or provinces, autonomous regions and municipalities of special regulations establishing registration.

  66th enterprises in Hong Kong, Macao and Taiwan, overseas Chinese and compatriots in Hong Kong, Macao and Taiwan investment held joint venture, joint ventures, sole proprietorship enterprise by reference to relevant provisions of the rules on foreign-funded enterprises.

  67th in China engaged in business activities in the territory of the foreign (area) enterprise registration and management, according to the special regulations.



















68th these rules come into force on the date of promulgation. Foreign (area) enterprise in China territory engaged in production business activities registration management approach (on August 15, 1992 Commerce makes 10th, announced according to April 29, 2016 National Business Administration General makes 86th, Amendment) first article for promote foreign economic cooperation, strengthening on in China territory engaged in production business activities of foreign (area) Enterprise (following referred to foreign enterprise) of management, protection its lawful rights and interests of, maintenance normal of economic order, according to national about legal, and

  Provisions of the regulations, these measures are formulated. Second according to the relevant provisions of the laws and regulations of the State, authorities authorized by the State Council and the State Council (hereinafter referred to as the approving authority) approved foreign enterprises engaged in production and business activities in China, to the provincial administration for industry and Commerce (hereinafter referred to as the registration authorities) the application for registration. Approved and registered by the competent registration authority of foreign enterprises, after receiving the business license, production and business activities.

  Been approved by the approval authority and the registration authority approved and registered foreign enterprises may not engage in production and business activities in China.

  Third article according to national existing legal, and regulations of provides, foreign enterprise engaged in following production business activities should handle registration registered: (a) land, and marine of oil and the other mineral resources exploration development; (ii) housing, and civil engineering of built, and decorative or line, and pipeline, and equipment of installation, engineering contracting; (three) contracting or accept delegate business management foreign investment enterprise; (four) foreign bank in China established branch; (five) national allows engaged in of other production business activities.

  Fourth foreign enterprises engaged in the production and operation of the project approved by the approving authority, shall, within the approved date of 30th to a registration application shall be registered by the competent authority.

  The fifth foreign enterprises applying for registration shall submit the following documents or documents: (a) the application signed by the Chairman or General Manager of foreign enterprises.

  (B) the documents or certificates approved by the approval authority.

  (C) contracts engaged in production and business activities (branches of foreign banks in China to set up this item is not applicable).

  (D) the foreign country (region) of enterprise legal business opening certificate issued by relevant government departments.

  (E) credit in the foreign companies.

  (F) assigned by the President or the General Manager of China foreign enterprise project leader authorization, resumes and proof of identity.

  (G) other relevant documents.

  The sixth foreign enterprises registered the main issues are: company name, company type, address, charge, amount of funding, business scope and operating period. Name refers to the foreign companies in foreign legal business certificate containing the name, should match the name production contracts signed by foreign companies.

  Foreign banks have set up branches in China, and should be labelled as a name of the head office, indicating the location names and decorate it with branches.

  Business type is defined as a foreign enterprises engaged in production and business activities of different content types, types are: mineral resources exploration and development, project contracting, contract management, foreign banks, and so on. Business address is a foreign enterprise in China engaged in production and business activities of the site.

  Within the territory of China by foreign enterprises addresses and locations are not in one place, you also need to declare.

  Enterprise refers to the foreign companies assigned by the President or the General Manager, head project manager.

  Amount refers to total cost of foreign enterprises to engage in production and business activities, such as construction project contract amount, contract or entrusted with the operation and management of enterprises with foreign investment, foreign enterprises during the management period, the accumulated administrative costs, required to engage in cooperation on oil exploration, development and production costs, working capital of foreign bank branches, and so on.

  Scope refers to the foreign companies in China engaged in production and business activities in the territory of the range.

  Term refers to foreign enterprises operating in China engaged in production and business activities in the territory of the term. Seventh after the registration authority accepts applications for foreign companies, should be made at 30th in the approved and registered or not to approve registration decisions.

  Registering foreign companies approved by the competent authority after the registration, to the issuance of the business license.

  Eighth foreign enterprises engaged in the production of the different types of business activities, the respective duration of the license approved by the following terms: (a) foreign enterprises engaged in exploration and development of mineral resources, its business license is valid according to the exploration (check), approved for the period of three stages of development and production.

  (B) foreign banks to set up branches, its license will be valid for 30 years, and a business license renewal every 30 years.

  (C) foreign enterprises engaged in production and business activities, the validity period of the license approved by the contractual period of operation. Nineth foreign enterprise registration approved by the competent authority in carrying out business activities within the scope of production and operation, their legal rights protected by the Chinese laws and business activities.

  Foreign companies are not allowed to go beyond the registration authorities approved production scope to engage in production and business activities. Tenth foreign enterprise registration items change, should the original competent registration authority in the 30th to apply for alteration registration.

  Procedure for change of registration and shall submit the documents or certificates by reference to provisions of article fifth.

  11th foreign companies no longer apply for extension of expiry of the license registration or early termination of the contract, agreement, shall apply to the registration authority to cancel the registration.

  12th a foreign enterprise to apply for cancellation of registration documents or certificates should be submitted to the following: (a) signed by the Chairman or General Manager application for deregistration of foreign enterprises; (b) the seal of the copy of the business license and, (iii) Customs and tax clearance certificate issued by the Department and (iv) project authorities for foreign enterprises to apply for cancellation of registration documents.

  Registration authorities at the time approved the cancellation of registration of foreign companies, should withdraw the business license and copy, seal, a revocation and inform the banking, taxation and customs and Excise departments. 13th foreign enterprise for business registration, change of registration shall pay a registration fee.

  Registration fees charges by the Ministry of finance, State administration of commodity prices and Commerce of the notice of registration fees regulation.

  The 14th foreign enterprise shall be from January 1 to June 30 of each year, through the business credit information publicity system to the original competent registration authority annual report, and to the public. The 15th Chinese companies sign production contracts with foreign companies, should promptly of any cooperation project, content and time to notify the registration authority and assist foreign companies with business registration, change of registration and cancellation of registration.

  If not responsibility of Chinese enterprises, and to take appropriate responsibility.

  16th article registration competent organ on foreign enterprise supervision management of main content is: (a) supervision foreign enterprise whether by this approach handle business registration, and change registration and cancellation registration; (ii) supervision foreign enterprise whether by registration competent organ approved of business range engaged in production business activities; (three) urged foreign enterprise submitted annual report and to social publicity; (four) supervision foreign enterprise whether comply with China of legal, and regulations.

  17th for foreign companies in violation of these regulations, by the registration authorities in the light of the People's Republic of China to administer the registration of penalty provisions of the Ordinance and its implementing rules in the investigation.

  18th from Hong Kong, Macao and Taiwan enterprises engaged in the production and operation of these activities, in accordance with the measures implemented.

  Foreign Enterprise contract management of domestic-funded enterprises in China, in accordance with the measures implemented.

  The 19th article of the approach by the Administration for industry and commerce is responsible for the interpretation.











The 20th article of the rules take effect on October 1, 1992.

  Mandated measures for Administration of registration of enterprises with foreign investment (released December 10, 2002 the State administration for industry and commerce, 4th April 29, 2016, State administration for industry and commerce, the 86th Amendment) first in order to standardize the registration management of foreign-invested enterprises, clarify responsibilities of the administration of industry and Commerce at all levels, strictly implement the State foreign investment laws, regulations and policies, in accordance with the relevant laws and regulations, these measures are formulated.

  Second registration management of foreign-funded enterprises the right to apply for, granted, implementation and supervision and inspection work, these measures shall apply.

  Foreign-invested enterprises in these measures, including Sino-foreign joint venture enterprises, Sino-foreign joint ventures and foreign-funded enterprises.

  The foreign (area) enterprise branch offices and representative offices in China engaged in production and business activities in the territory of foreign countries (regions) enterprises, branches of enterprises with foreign investment, as well as other foreign-funded enterprises of industrial policy should be performed in accordance with national provisions, its registration authority granted and specification, these measures shall apply.

  Third foreign investment enterprise registration and administration of the State administration for industry and commerce registration and authorization of the local administration for industry and commerce registration principles. Circular of the State administration for industry and commerce is responsible for registration management of foreign-invested enterprises across the country, and can be granted according to the conditions stipulated in this way the local administration for industry and commerce registration management of foreign-funded enterprises approved by the right.

  Was authorized by the local administration for industry and Commerce (hereinafter referred to as authorized) was within the mandate of the exercise in its own name on the terms of reference for the registration of foreign invested enterprises.

  Fourth article has following conditions of provincial Business Administration Council and the provincial following Business Administration Council (branch) can proposed grant foreign investment enterprise approved registration right of application: (a) area within foreign investment reached must scale, or has established of foreign investment enterprise up 50 households above; (ii) can right implementation enterprise registration management legal regulations and industry policy, application Qian 2 years no for enterprise registration management raised of administrative losing case; (Three) has engaged in foreign investment enterprise registration trial and registration illegal illegal behavior survey, work 2 years above; (four) has established foreign investment enterprise registration management full-time institutions, has more stable of staff, its number and quality should and carried out was authorized work of requirements phase adapted, which at least has 1 name staff has high of language level; (five) foreign investment enterprise registration management full-time institutions will unified exercise foreign investment enterprise approved registration right and supervision management right; (six) has better of Office conditions,

  Includes communications equipment, computers, transport, and foreign guests reception room; construction of computer network with the SAIC enterprise registration management information system interoperability standards; (VII) has developed a sound registration management of foreign-invested enterprises working.

 Fifth article application grant foreign investment enterprise registration management right, should submitted following file: (a) application Council signed of authorized applications, applications should column ming has this approach fourth article by provides authorized conditions of situation and application authorized of range; (ii) foreign investment enterprise registration management institutions staff list, list should contains Ming positions, and training situation and the engaged in foreign investment enterprise registration management work situation; (three) about foreign investment enterprise registration management system of file.

  Except as provided in the preceding paragraph the documents, applications should also be submitted to the people's Government at the establishments of management or by the administration of industry and Commerce approved the establishment of registration management of foreign-invested enterprises allied agencies and staffing files. Sixth article authorized by the provincial administration for industry and commerce applications, written report shall be submitted to the provincial administration for industry and commerce.

  Provincial administration for industry and commerce, upon examination, to meet the conditions as provided herein, shall issue a review report, together with the application documents submitted for application submitted to the State administration for industry and commerce.

  Seventh, the State administration for industry and commerce, upon examination, considers the application meets the conditions for these measures, decided to grant rights to the registration management of foreign-invested enterprises, issuing documents and announced to the public.

  Eighth the registration jurisdiction is authorized by the State administration for industry and commerce in accordance with the relevant laws and regulations and actual conditions and set out in the authorization files.

  Are authorized within the jurisdiction of the Board, responsible for the approval of its registration enterprise, establishment, modification and cancellation of registration of agencies. Authorized councils within their jurisdiction scope over registration of companies, registration of agency supervision and management.

  Penalties for registration management of foreign-funded enterprises that violate the Regulations Act, according to legal procedures. Nineth has been authorized should be carried out in strict accordance with the requirements of the following registration and supervision: (a) on your behalf in specific administrative acts are within the scope authorized by law, (ii) strict compliance with national laws and regulations and industrial policies, strengthen the registration order and safeguard national economic security. Do not conform to national laws and regulations and industrial policies, is not registered.

  On violation registration management regulations and the industry policy of behavior, serious investigation; (three) seriously accept authorized Council of guide and supervision, strictly implementation authorized Council of work deployment and requirements; (four) was authorized Council implementation involved foreign investment enterprise registration management of local regulations, and Government regulations and policy, should prior report authorized Council, sought authorized Council of views; (five) by provides of term, and way and matters to authorized Council report work, submitted registration data; (six) constantly perfect work conditions, improve registration management level.

  Authorized for the provincial administration for industry and commerce shall be subject to guidance and supervision of the provincial is authorized, serious implementation of its plans and work requirements. Tenth, the State administration for industry and Commerce Council is empowered to delegate certain conditions and the lower-level administration for industry and commerce to take the foreign-invested enterprises registered within the jurisdiction of first instance and registration of illegal acts of investigation work, and delegate to a subordinate administration of industry and commerce in the context of administrative actions.

  Delegate requirements and measures by the State administration for industry and Commerce and is authorized to establish.

  By the State administration for industry and Commerce commissioned and authorized registration preliminary work of the local administration for industry and commerce shall set the registration management of foreign-invested enterprises professional bodies, with appropriate personnel, trained its staff.

  11th article National Business Administration General on was authorized Council in foreign investment enterprise registration management work in the exists of beyond was authorized range, and violation national legal regulations and industry policy, and refused to implementation authorized Council provides and requirements, and fraud, and negative slack, and lost authorized conditions and violation this approach other provides of, can made following processing: (a) ordered was authorized Council revoked or corrected its illegal or not appropriate of administrative behavior; (ii) directly revoked was authorized Council illegal or not appropriate of administrative behavior;

  (C) informed criticism; (d) recommends that the relevant authorities directly responsible shall be investigated in accordance with the regulations, impose administrative sanctions, to constitute a crime, criminal responsibility shall be investigated according to law; (e) withdrawal of part or all of the authority.

  12th article superior business administration Council on subordinate was authorized Council in foreign investment enterprise registration management work in the exists tenth article by column behavior of, can made following processing: (a) ordered was authorized Council revoked, and change or corrected its not appropriate of administrative behavior; (ii) revoked was authorized Council of not appropriate administrative behavior; (three) in area within informed criticism; (four) on directly responsibility personnel give administrative sanctions, or recommends about organ on directly responsibility personnel give administrative sanctions, constitute crime of, law held criminal;

  (E) the recommendations of the State administration for industry and commerce to withdraw part or all of the authority.

  13th authorized Council shall establish a registration of foreign investment enterprises database, inputting all registration and associated data, and submitted to the State administration for industry and Commerce according to provisions.

  The 14th foreign (regional) enterprise resident representative office registration certificate, representative certificate uniformly printed by the State administration for industry and commerce, is authorized in accordance with the regulations apply. 15th these measures shall come into force on February 1, 2003. On May 20, 1993 published by the State administration for industry and authorized the registration of foreign investment enterprises regulations repealed simultaneously.





According to the measures authorized reservations made up to December 31, 2003, which does not have the authorization conditions as provided herein, could not be confirmed by the State administration for industry and commerce, which was authorized effective January 1, 2004 is no longer a right of registration management of foreign-invested enterprises.

  Industrial and commercial administrative organs equity pledge registration (September 1, 2008, State administration for industry and commerce, the 32nd released April 29, 2016, State administration for industry and commerce, the 86th Amendment) article to regulate equity pledge registration, in accordance with the People's Republic of China real right law and other legal provisions, these measures are formulated. Article II to hold limited liability companies and joint stock limited equity pledge, has handled the registration, apply these measures.

  Having registered a securities registration and clearing institution except for the company's equity.

  Article the pledge equity company is responsible for registration administration for industry and commerce is equity pledge registration authority (hereinafter referred to as registration authority).

  Industrial and commercial administrative organs at all levels of an enterprise registration authority equity pledge registration agencies.

Fourth equity pledge registration include: (a) the name of the pledgor and the pledgee; (b) the company name where the pledged shares and (iii) mass equity amounts. Article fifth applying for the registration of the pledge of the shares shall be transferable and the quality stakes.

  Has been frozen by the Court of equity, prior to the lifting of the freeze, not allowed to apply for equity pledge registration. Sixth application for equity pledge registration of establishment, change of registration and cancellation of registration shall be proposed jointly by the pledgor and the pledgee.

  Apply for equity pledge registration, by the pledgor or pledgee ex parte.

  Applicants should apply for the authenticity and quality of the material right legality of contracts effectiveness, quality and integrity of the equity power to bear legal responsibility. Seventh article application equity out quality established registration, should submitted following material: (a) applicants signed or sealed of equity out quality established registration applications; (ii) records has out quality people name (name) and funded amount of limited responsibility company shareholders roster copies or out quality people holds of AG stock copies (are needed stamped company seal); (three) quality right contract; (four) out quality people, and quality right people of subject qualification proved or natural identity proved copies (out quality people, and

  Pledgee of natural persons is a matter I sign, affix corporate seal belonging to legal persons, the same below) and (v) other materials required by the State administration for industry and commerce.

  Appointed representative or jointly entrusted agent should also submit proof of applicant's designated representative or jointly entrusted agent.

  Eighth pledged equity amounts change, as well as the name of the pledgor and the pledgee (the name) or pledge of equity changes the name of the company, shall apply for registration of change. Nineth apply for equity pledge registration, the following documents shall be submitted: (a) the signature or seal of the applicant's equity pledge registration application, and (b) the alteration of the registration documents.

  Belonging to the pledged equity amount changes, pledge contract amendments or supplements submitted contract belongs to the name of the pledgor and the pledgee (the name) or pledge of equity changes the name of the company, submit a name or change the name of the certificate file and changed the qualification certificates or copies of identity certificates of natural persons; (c) other materials required by the State administration for industry and commerce.

  Appointed representative or jointly entrusted agent should also submit proof of applicant's designated representative or jointly entrusted agent.

  Tenth article appeared the principal debt elimination and pledge to achieve, pledge to abandon the pledge or other circumstances prescribed by law the pledge to eliminate, shall apply for cancellation of registration.

  Section 11th for equity pledge to cancel the registration, shall be submitted to the applicant signature or seal of the equity of the application for cancellation of registration of the pledge.

  Appointed representative or jointly entrusted agent should also submit proof of applicant's designated representative or jointly entrusted agent.

  12th pledge contract is confirmed as invalid or revoked in accordance with law, shall apply for deregistration.

  Section 13th for equity pledge registration, the following documents shall be submitted: (a) the signature or seal of the applicant's equity pledge registration application; (b) a pledge contract is confirmed as invalid or revoked by law legal documents; appointed representative or authorized agent should also submit the certificate of appointed representative or authorized agent of the applicant. 14th the registration authority for registration applications shall be registered and given a notice of registration on the spot.

  Notice affixed equity pledge registration special registration authority.

  Without an equity pledge registration scope or is not in the jurisdiction of the authorities and are not subject to this regulation, the registration authority shall inform the applicant, and returned to the application.

  15th the registration authority should be equity pledge registration in enterprise credit information publicity system of publicity, for the public to query.

  Due to their own reasons for equity pledge registration records errors, the registration organ shall be corrected in a timely manner.

  16th rich text to the instrument equity pledge registration by the State administration for industry and Commerce formulate uniform. 17th these measures shall come into force on October 1, 2008.

Related Laws