Industry And Commerce Registration Management Of Foreign-Funded Enterprises Authorized Methods

Original Language Title: 国家工商行政管理局外商投资企业授权登记管理办法

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(Released December 10, 2002 the State administration for industry and commerce, 4th) 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 bureaus and deputy provincial city business administration Council and prefecture-level city, and autonomous Business Administration Council (following collectively to level business administration Council) can proposed grant foreign investment enterprise approved registration right of application: (a) area within foreign investment reached must scale, has established of foreign investment enterprise up 150 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 annual early check 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, including has equipped with communications equipment, and computer, and transport and foreign guests reception room,; computer network construction reached and national business administration General Enterprise registered registration management information system interconnected exchange of standard; (seven) has developed sound of foreign investment enterprise registration management system.
    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 Qian paragraph provides of file outside, application Council for provincial Business Administration Council, and bureaus or deputy provincial city business administration Council of, also should submitted sibling government institutions prepared management sector approved its established foreign investment enterprise registration management full-time institutions and the personnel prepared of file, application Council for to level business administration Council of, also should submitted provincial government institutions prepared management sector and provincial Business Administration Council approved application Council established foreign investment enterprise registration management full-time institutions and the personnel prepared of file. Sixth level authorized by the administration of 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.
    Are authorized to Board-level administration of 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, the contribution check, annual inspection and registration of illegal behavior, beginning 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 provincial Business Administration Council on to level was authorized Council in foreign investment enterprise registration management work in the exists 11th 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
    And (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 investment business license, certificate of registration, registration certificate and foreign (region) enterprises representative institutions work 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.

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