Provisions On Administration Of Foreign-Invested Advertising Enterprises

Original Language Title: 外商投资广告企业管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
Provisions on administration of foreign-invested advertising enterprises

    (August 22, 2008 the State administration for industry and commerce, Ministry of Commerce, the 35th released as of October 1, 2008) 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.

    Article III the establishment of foreign-invested advertising enterprises, must comply with these provisions shall also comply with the People's Republic of China Law on Sino-foreign joint ventures and the People's Republic of China Chinese-foreign cooperative ventures, the People's Republic of China Law of foreign-funded enterprises and the People's Republic of China advertisement law, the advertising administration regulations and other relevant laws, regulations and rules. The fourth foreign-funded advertising enterprise project proposal and feasibility study report, provincial administration for industry and commerce or its authorized by the State administration for industry and Commerce of the validation.

    Contract and articles of Association of foreign-invested advertising enterprises, by the Department of Commerce at the provincial level for examination and approval.

    The 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, by the State administration for industry and commerce or its authorization approved by the provincial administration for industry and commerce in accordance with law.

    Sixth establishment of Sino-foreign joint venture commercial enterprise, in accordance with the following procedure:

    (A) major venture by the Chinese side, to the local administration for industry and commerce the right to registration of foreign-invested enterprises approved reporting documents in the article 12th, put forward by the preliminary review opinions submitted to the provincial industrial and commercial Administration Bureau of the State administration for industry and Commerce authorized validated, or by provinces, autonomous regions, municipalities, and cities with municipal administration for industry and Commerce of nuclear transfer, reported that the State administration for industry and Commerce of the validation.

    State administration for industry and commerce or authorized by provincial 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 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 reported the 13th article of the document by the provincial-leveled Commerce departments for examination and approval, 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-funded advertising enterprise, in accordance with the following procedure:

    (A) by a foreign investor, to the State administration for industry and commerce or authorized by provincial administration for industry and Commerce reported the 14th article files.

    State administration for industry and commerce or authorized by provincial 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 or authorized by provincial administration for industry and Commerce of the 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.

    Provincial-leveled Commerce departments 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.

    (Three) foreign investors 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 application handle enterprise registration registered procedures.

    Eighth foreign-funded advertising enterprise applying for establishing a branch, in accordance with the following procedure:

    (A) by the foreign-invested advertising enterprises to the local provincial-leveled Commerce departments, provincial administration for industry and Commerce reported to the 16th article files. (B) the provincial departments in charge of Commerce 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.

    (C) 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.

    Should also meet the following conditions:

    (A) the parties to the venture shall be enterprises engaging in advertising business;

    (B) the parties to the venture shall be established and operated for two years or more;

    (C) advertising performance.

    Tenth established foreign-funded advertising enterprise, except in accordance with conditions prescribed by relevant laws and regulations, shall satisfy the following conditions:

    (A) investors should be at the enterprise mainly engaging in advertising business;

    (B) the investor shall be established and operated for more than three years.

    11th foreign-invested advertising enterprises applying for establishing a branch, it shall meet the following conditions:

    (A) the registered capital is paid in full;

    (B) the advertising turnover of not less than 20 million Yuan.

    12th applied for establishment of Sino-foreign joint venture commercial enterprise, major joint venture by China according to the procedures laid down in the sixth, to the State administration for industry and commerce or its authorized the provincial administration for industry and commerce shall submit the following documents:

    (A) of the establishment of Sino-foreign advertising joint venture applications;

    (B) the business name prior approval written notice;

    (C) the joint venture shareholders (Board of Directors) resolution;

    (D) the establishment of Sino-foreign advertising joint venture project proposal and feasibility study report jointly prepared by the parties to the venture;

    (E) the registration certificate of the parties to the joint venture;

    (Vi) the creditworthiness of the parties to the venture;

    (VII) ad management system;

    (H) the preliminary observations of the local administration for industry and commerce.

    13th applied for establishment of Sino-foreign joint venture commercial enterprise, the procedure should be provided for by the sixth, to the provincial departments in charge of Commerce shall submit the following documents:

    (A) the State administration for industry and commerce or its authorized issued by provincial administration for industry and Commerce of the foreign-funded advertising enterprise project approval submissions;

    (B) setting up a foreign-funded advertising Enterprise contract and articles of Association;

    (C) feasibility study of the project;

    (D) the parties to the joint venture's registration certificate;

    (E) the creditworthiness of the parties to the venture;

    (F) the business name prior approval written notice;

    (G) 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 an application for establishing a foreign-funded advertising enterprise, by investors according to the procedures laid down in the seventh, to the State administration for industry and commerce or its authorized the provincial administration for industry and commerce shall submit the following documents:

    (A) the application for establishing a foreign-funded advertising Enterprise;

    (B) the investor shareholders (Board of Directors) resolution;

    (C) the project proposal and feasibility study report prepared by the investor;

    (D) registration certificates for investors;

    (E) the credit certificate of the investor;

    (F) the business name prior approval written notice.

    15th an application for establishing a foreign-funded advertising enterprises by foreign investors according to the procedures laid down in the seventh, to the provincial departments in charge of Commerce shall submit the following documents:

    (A) the application for establishing a foreign-funded advertising Enterprise;

    (B) the State administration for industry and commerce or its authorized issued by provincial administration for industry and Commerce of the foreign-funded advertising enterprise project approval submissions;

    (C) the project proposal and feasibility study report prepared by the investor;

    (D) registration certificates for investors;

    (E) the credit certificate of the investor;

    (F) the regulation of the establishment of a foreign-funded advertising enterprise.

    16th an application for establishing branches of foreign-invested advertising enterprises, according to the procedures laid down in the eighth to the provincial Commerce authorities and the Administration for industry and Commerce at the same level, submit the following documents:

    (A) application for a foreign-funded advertising Enterprise for establishing a branch;

    (B) resolution of the Board;

    (C) advertising management annual audit reports;

    (D) the business license;

    (E) management place certificate;

    (Vi) corporate capital verification report.

    17th after the establishment of foreign-funded advertising enterprise, as a result of one of the following conditions, shall be governed by the provisions of the sixth, seventh, the procedure of approval provided for in article, and going through the change of registration:

    (A) replacement of joint venture or transfer of shares;

    (B) change the advertising scope;

    (C) change of its registered capital.

    The 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.

    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 from 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.

    23rd article of the rules by the State administration for industry and Commerce and the Ministry of Commerce is responsible for the interpretation. 24th article of the regulations come into force on October 1, 2008.

    March 2, 2004 the State administration for industry and commerce, Ministry of Commerce, the 8th published the regulations on administration of foreign-invested advertising enterprises fail simultaneously.

    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:

    First, with effect from January 1, 2004, 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.

Related Laws