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Setup, Extension, Alteration and Termination of Permanent Representative Bodies of Foreign Countries, Hong Kong and Macao |
Date£º2006-5-7 |
Setup, Extension, Alteration and Termination of Permanent Representative Bodies of Foreign Countries, Hong Kong and Macao
A.Acceptance and Hearing
Qualifications:
Applicant shall submit the following materials:
1.Setup:
£¨1£©Application signed by the Chairman of the Board or General Manager containing items of: basic information of the enterprise, purpose for setting up the Permanent Representative Body, Name of the body, Personnel appointed (Chief Representative and Representative), business scope, term of residence, Office address and so on.
£¨2£©Practice Legality Certificate issued by the appropriate authority of the state that the enterprise locates in (duplicate);
£¨3£©Credit Standing Certificate (original)issued by the bank having business connections with the enterprise;
£¨4£©Power of Authority for the Chief Representative and Representative signed by Chairman of the Board or the General Manager of the enterprise; Resumes of the Chief Representative and Representative and their ID card copies. In case that the Chairman of the Board acts as the Chief Representative and Representative, the Power of Authority must be signed by at least 2 directors of the enterprise. For Enterprise with no board of directors, the Executive Director may sign the documents concerned.
£¨5£©Lease Contract for the Office Site signed by person in charge or person authorized, as well as certificate concerning foreign affairs issued by Police
£¨6£©Fill in Application form for setting up Permanent Representative Body of Foreign Enterprise;
£¨7£©Other materials for application considered necessary by examination authority.
Pursuant to Article 12 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise
2. Extension
£¨1£© Application for Extension signed by Chairman of Board or General Manager;
£¨2£© Report of Business activity of this representative body during the last term of residence;
£¨3£©Credit Standing Certificate (original) issued by the bank having business connections with the enterprise;
£¨4£©Practice Legality Certificate issued by the appropriate authority of the state that the enterprise locates in( duplicate);
£¨5£©Approval Certificate of the Permanent Representative Body and its register card copies;
£¨6£©Lease Contract or Access Certificate of the Office Site signed by person in charge or person authorized of the enterprise.
£¨7£©Fill in Application Form for Extending Permanent Representative Body of Foreign Enterprise.
(Pursuant to Article 17 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
3¡¢Alteration
Any foreign, or Hong Kong and Macao enterprise that asks for alteration on the name of the Permanent Representative Body, changing or adding Chief Representative and Representative, alteration on the business scope, term of residence and office site of the Body, shall submit application signed by the Chairman of the Board or the General Manager and other materials related the alterations (the application for altering the office location may be signed by Chief Representative) , as well as fill in the Application Form for Alterations of Permanent Representative Body of Foreign Enterprise.
(Pursuant to Article 19 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
4¡¢Termination
Upon the expiration of the term of residence or terminating business ahead of the term , the Permanent Representative Body of foreign or Hong Kong and Macao enterprises shall apply for cancellation of the permanent body . To fulfill this, the Chairman of the Board of Directors or the General Manager shall make signature on the Cancellation Application and the Original Approval Certificate, and submit them to the original approval departments for records through the original undertaking unit.
Criterion:
1.Application Materials shall be complete , standard and valid.
2.Application forms for Setup, Extension, Alteration and Termination of Permanent Representative Bodies of foreign, Hong Kong or Macao Enterprises as well as the Power of Authority for the Chief Representative and Representative shall be written in Chinese and if they are committed in other languages, the a Chinese version shall be attached. Other materials written in other languages shall also be attached by Chinese version. (Pursuant to Article 21 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
3.If necessary, the examination and approval authorities are empowered to request all of part of the application materials for the setting up of Permanent Representative Body submitted by Foreign Enterprise be notarized by the Notarization Authorities of the state concerned, meanwhile be authenticated by Chinese Embassy in that country. (Pursuant to Article 22 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
Person responsible for this post: the acceptance and hearing personnel of Foreign Enterprise Representative Office of the Foreign Trade Administration Department.
Duty and Power:
Examine and Check the application materials in accordance with the criterion for acceptance and hearing;
Accept and hear the case if the materials submitted is qualified; and transfer the materials to the examiner.
Unqualified materials will not be accepted, whereas inform applicant all materials needing further supplement and amending at one time. Meanwhile apply to the higher-up for records.
Time Limit: 1 working day
B. Examination
Criterion:
1.Application Materials shall be complete, standard and valid.
2.Applicant must be Trader, manufacturer, freight agent, contractor, consulting company, advertisement company, investment company, leasing company and other economic and trade organization (Pursuant to Article 2 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
3¡¢The enterprise shall get legal register in home country(Pursuant to Article 8 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
4¡¢Must have a good will (Pursuant to Article 8 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
5¡¢Name of the Permanent Representative Body of foreign or Hong Kong and Macao enterprise shall be in the style of Country Name + Enterprise Name + City Name + Representative Office(Pursuant to Article 13 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
6¡¢The maximum term of approval for once for the Permanent Representative Body of foreign or Hong Kong and Macao enterprise is 3 years .Term of Residence begins from the date of the issuance of the approval certificate by the authority. If the term needs extending upon the expiration, the foreign enterprise shall make application 60 days in advance to the original approval authority by means of the formal undertaking unit, and deal with the formality of extension. (Pursuant to Article 16 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
7¡¢When applying for setting up the Permanent Representative Body , foreign or Hong Kong and Macao enterprise must entrust one company vested with foreign trade dealership by the approval of department of Chinese government in charge , or an organization dealing in foreign economic and trade or Foreign affairs service unit approved by MOFTEC as the undertaker to hand in all sorts of materials to the examination and approval authorities and deal with the application formalities. (Pursuant to Article 10 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
8¡¢Examination and Approval authority dealing with the setting up of Foreign Chamber of Commerce in China is Ministry of Foreign Trade and Economic Cooperation and the register authority is Civil Administration Department. One country can only establish one chamber of Commerce in Beijing at present, and no chamber of Commerce or subsidiary chamber is allowed in other cities. (pursuant to Summery Notice of the Work Meeting on Examination and Approval for National Foreign Merchants¡¯ Permanent Representative Bodies and Import Machinery and Electrical Products Maintaining Station, MOFTEC Official Release 1997,NO.1962 )
9¡¢Chief Representative and Representative of Permanent Body of foreign or Hong Kong and Macao enterprises must be qualified in the following aspects:
£¨1£©Foreign residence holding legal common passport( excluding overseas student in China)
£¨2£©Chinese citizen obtaining permanent residence at abroad
£¨3£©HK and Taiwan fellowmen holding valid certificates( Taiwan passport invalid);
£¨4£©If employing Chinese citizen to act as the Chief Representative and Representative(excluding the NO.2 case of the above), foreign enterprise shall entrust the local foreign affairs service unit or other units appointed by Chinese government to handle the application formalities according to related laws and regulations of China (shall present the delegation letter issued by the empowered unit).
(Pursuant to Article 29 of Enforcement Regulations on examination, approval and management of Permanent Representative Body of Foreign Enterprise)
10¡¢Enterprises of Taiwan, Semi-Official and Non-Diplomatic Countries whose name contains the words like ¡°Study abroad¡± ¡°Education¡± ¡°Immigration¡± will not be allowed to establish permanent representative bodies at present. Permanent representative bodies of Consulting company, Management company, counseling company shall note clearly in their business scope that ¡° will not engage in the contacting activity of overseas study and immigration¡± (Pursuant to Notice of Problems concerned with Examination, approval and management of Foreign Permanent Representative Body, MOFTEC Official Release 1999, NO.1802)
11. Chinese enterprises overseas that was established less than 1 year ago shall not be approved to establish permanent representative body in China; Overseas enterprises of non-productive type are generally not allowed to establish permanent representative body back in China; Enterprises running in deficit are not allowed to set up permanent representative body; Chinese Enterprises overseas in the name of the Parent Company, Subsidiary company intending to set up representative office will not be allowed in principle. (Pursuant to Notice of Rules in Understanding some Problems concerned with Examination and approval of Foreign Permanent Representative Body, MOFTEC Official Release 1993, NO.1794).
12¡¢When applying to set up permanent representative bodies, Foreign enterprises engaged in the industries of Finance and Insurance shall apply to the Peoples¡¯ Bank of China for approval; Enterprises in marine, marine agency shall apply to the Ministry of Communication of China for approval; enterprises in aviation transportation shall apply to General Bureau of Civil Aviation of China for approval; enterprises of other industries shall apply to the Commissions, Departments or Bureaus of Chinese government in charge for approval. For example, Law firms shall apply to Ministry Judiciary for approval and Accounting Firms shall apply to Ministry of Finance for approval. ( pursuant to Provisional Regulations on Management of Permanent Representative Bodies of Foreign Enterprises ,State Council of China)
13¡¢Chief Representative and Representative cannot act as Chairman of the Board, General Manager or Manager and other positions in domestic foreign invested enterprises.(Pursuant to Summary Notice of the Work Meeting on Examination and Approval for National Foreign Merchants¡¯ Permanent Representative Bodies and Import Machinery and Electrical Products Maintaining Station, MOFTEC Official Release 1997,NO.1962).
Person responsible for this post: Examination personnel in Foreign Trade Administration Department
Duty and Power:
Examine and Check the application materials in accordance with the examination criterion;
If the materials submitted are qualified, put forward the approval comment, fill in the examination form, then return materials and the comment to the reviewer;
If materials are unqualified, put forward the disagreement comment, then return it to applicant.
Time Limit: 4 working days
D. Review
Criterion: Same as the examination criterion.
Responsible person for this post: Vice director of Foreign Trade Administration Department in charge
Duty and Power:
Review the examination comment according to the criterion.
If agree to the examination comment, sign the reviewer¡¯s comment in the Examination form and issue the Certificate.(If submit to MOFTEC, must transfer to Director of the Department in charge for approval.)
If disagree to the examination comment, exchange ideas with examiner, then put forward review comment and reasons, transfer them together with that of the examiner to the approval personnel.
Time Limit: 1 working day
D. Approval
Criterion: Same as the review criterion.
Responsible person for this post: Commission Leader in charge
Duty and Power:
Make approval in a fixed time to the collected examination comment according to the Criterion.
If agree to the review comment, put forward comment in the approval form then transfer it to the acceptance personnel.
If disagree to the review comment, exchange ideas with reviewer, put forward the approval comment and reasons in the approval form, then return it to the acceptance personnel by way of the original means.
Time limit: 1 working day
E. Print and Proof
Criteria
1.Submitted Documents shall be signed by the issuing leader, has clear classification and legible writing;
2.Material to be printed shall be in consistency with original document and has no omissions, mistakes and accretions;
Responsible person for this post: Printing personnel and examination personnel of this department
Work Criterion
1¡¢Put the Approval Certificates for Foreign Representative Body in Beijing complete, accurate and valid;
2¡¢Proof shall be correct and has no errors.
Duty and Power
For the approved materials, Print the Approval Certificate for Foreign Representative Body in Beijing in triplicate as provided, and notify the proof personnel to make proof.
Time Limit: 1 working day
F. Notification
Person responsible for this post: acceptance and hearing personnel in Foreign Trade Administration Department
Criteria:
1.Notify the applicant the result of the matter handled timely and accurately;
2.Make the certificate complete, accurate and valid;
3.Keep the examination documents complete and standard for file.
Duty and Power:
Make notification and issue approval documents and keep them on file according to the above criteria;
With respect to the approved application, issue documents concerned and notify the applicant to receive it; announce the result by way of the Internet if the management through Internet is necessary.
With respect to the denied application, make all materials needing further supplement and amending, the requirement, and related rights of applicants and means of making complaint altogether known to applicants in written form at one time. Meanwhile return the application documents to the applicant.
In terms of the unapproved cases, make the reasons, requirement and related rights of applicants, as well as the means to make complaint known to the applicant, and return the application materials to applicant.
Time Limit: 1 working day
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