外国企业常驻代表机构登记管理办法(英文版)

外国企业常驻代表机构登记管理办法(英文版)

MEASURES FOR ADMINISTRATION OF

REGISTRATION OF RESIDENT OFFICES OFFOREIGN

ENTERPRISES

Important Notice:

This English document is coming from the "LAWS AND REGULATIONS OF

THE

PEOPLE'S REPUBLIC OF CHINA GOVERNING

FOREIGN-RELATED MATTERS" (1991.7)

which is compiled by the Brueau of Legislative Affairs of the State

Council of the People's Republic of China, and is published by the

China

Legal System Publishing Hou.

In ca of discrepancy, the original version in Chine shall

prevail.

Whole Document

MEASURES FOR ADMINISTRATION OF REGISTRATION OF RESIDENT OFFICES OF

FOREIGN ENTERPRISES

(Approved by the State Council on March 5, 1983, promulgated by

the State Administration for Industry and Commerce on March 15, 1983)

Article 1

In accordance with the Interim Provisions of the State

Council of the

People's Republic of China Concerning the Control of Resident

Offices of

Foreign Enterpris in China (hereinafter referred to as "the

Interim

Provisions"), the Measures are formulated to carry out the

registration

administration of resident offices in China of foreign enterpris

and

other economic organizations and to enable them to conduct their

legitimate business activities.

Article 2

Resident offices of foreign enterpris in China and other economic

organizations (hereinafter referred to as "resident offices of

foreign

enterpris"), which have been approved in accordance with Article 4

of

the Interim Provisions, shall go through the registration procedures

prescribed in the Measures.

Article 3

Resident offices of foreign enterpris shall be understood as tho

engaging in non-direct-profit-making operations. But, for tho

provided

for in the agreements between the Chine government and the

governments

of their countries of origin, they shall be dealt with accordingly.

Article 4

The State Administration for Industry and Commerce of the People's

Republic of China is the organ for the registration of resident

offices of

foreign enterpris. It shall empower the administrative departments

for

industry and commerce in the provinces,

autonomous regions and the

municipalities directly under the Central Government to handle the

registration procedures.

Article 5

The main items to be registered for the resident office of a foreign

enterpri are: name of the office, address of residence, number of

reprentatives and their names, business scope and period of

residence.

Article 6

Foreign enterpris and other economic organizations shall go

through the

prescribed registration procedures at the admi马是哪一年 nistrative departments

for

industry and commerce in the provinces,

autonomous regions and the

municipalities directly under the Central Government

where天秤座的明星 the said

offices are to be located within 30 days from the date when their

applications for tting up resident offices within the territory of

the

People's Republic of Chi表面英文 na are approved by the approving authorities.

Article 7

A foreign enterpri or an economic organization shall submit the

following documents in applying for the registration of a resident

office:

1. the approval document issued by the approving authorities of the

People's Republic of China;

2. the documents and data as listed in Article 3 of the Interim

Provisions.

Article 8

If the documents submitted by a foreign enterpri or an economic

organization for registration are established as conforming to the

Measures through examination, the registration office shall grant

permission to register and issue a certificate of registration and

certificates for the reprentatives after the registration

fee is paid.

The resident office of a foreign enterpri shall, on the strength

of the

document of approval, certificate of registration and certificates

for the

reprentatives, register with the public curity organ, banks and

the

Customs and tax authorities and other d吃的英语 epartments for residence

permits

and other related matters.

Article 9

The resident office of a foreign enterpri is deemed as formally

established from the date of its registration and the legitimate

activities of the said office and its reprentatives shall

therefrom be

protected by the laws of the People's Republic of China. A resident

office that has not been approved and registered shall not

proceed with its business activities.

Article 10

In engaging the rvice of Chine personnel, the resident office of

a

foreign enterpri must follow the provisions prescribed in Article

11 of

the Interim Provisions and promptly report this to the registration

authorities for the record.

Article 11

The registration certificate for the resident office of a foreign

enterpri is valid for a period of one year. The said office must,

upon

the end of the period, renew the aforesaid document if it wishes to

continue its residence.

To renew its registration, the resident office of a foreign

enterpri

must, within 30 days before the date of the expiry of its

certificate of

registration, submit to the registration authorities an annual

report of

its business operations (in Chine) and an application for renewal.

In

ca where the term of residence approved for a resident office

expires,

the document of approval for renewal i快速学26个英文字母 ssued by the same authorities

must

also be submitted at the time of renewing the registration and a

form for

renewal shall be filled out. After examination by the registration

office,

the original certificate shall be turned in and a new certificate of

registration shall be issued.

Article 12

When the resident office of a foreign enterpri wishes to make

alterations with regard to the name of the office, the number of

reprentatives and their names, the scope of business and the

address of

the resident office, an application for alterations shall be filed

with

the registration office together with the document of approval

issued by

the approving authorities before going through the prescribed

procedure

for alterations. Where there is a change of

reprentatives, a power of

attorney issued by the foreign enterpri or economic organization

shall

be submitted together with the resumes of the new reprentatives.

Article 13

If the resident office of a foreign enterpri desires to terminate

its

business operations upon or before the expiration of the ter胸最大的美女 m of

residence, or the enterpri reprented by the office declares

bankruptcy, it shall go through the deregistration procedure at the

registration office. In going through the deregistration procedure,

documents issued by the tax authorities, banks and Customs to

certify the

clearing up of taxes, liabilities and other related matters shall be

produced before approval is granted for the deregistration and the

cancellation of the certificate of registration. Should the said

office

leave any matter unttled, the foreign enterpri or economic

organization the office reprents shall be held responsible for the

ttlement of that matter.

Article 14

The State Administration for Industry and Commerce of the People's

Republic of China and the administrative departments for industry

and

commerce in the provinces, autonomous regions and the municipalities

directly under the Central Government are entitled to supervi and

check

on the business activities of the resident offices of foreign

enterpris

in accordance with the stipulations in the Measures. In carrying

out the check-up and supervision, the staff members of the

said departments shall prent identification cards specially issued

for

that purpo. The resident offices must report honestly and provide

such

information and data as required. Refusal to report or holding back

information shall not be allowed.

Article 15

Any of the following violations of the provisions in the Measures

shall

be punished by the State Administration for Industry and Commerce

according to the riousness of the ca:

1. The resident office of a foreign enterpri proven to have

engaged in

direct profit-making operations in violation of the provisions of

Article

3 of合同管理员 the Measures shall be ordered to stop its business operations

and

be punished concurrently with a fine of 20,000 yuan (RMB) or less.

2. The resident office of a foreign enterpri proven to have

altered any

item registered without going through the required procedure or

failed to

deregister when it ought to shall be given 含动物的成语 a notice of warning which

is to

be circulated. For more rious cas, a fine of up to 5,000 yuan

(RMB) or

less shall be impod or even the registration certificate be

revoked.

When the res张姓的来源和历史 ident office of a foreign enterpri is found to have

engaged

in speculation, frauds and other unlawful activities, all the

proceeds and

properties thus obtained shall be confiscated in addition to a fine

or

even the revocation of the registration certificate on the merit of

the

ca. Cas that violate the Criminal Law of the People's Republic

of

China shall be dealt with by the judicial organs according to law.

Article 16

A foreign enterpri or other economic organizations engaging,

without

authorization, in business operations only allowed for resident

offices

shall be ordered to stop such activities and a fine of 10,000 yuan

(RMB)

or less shall be impod in addition.

Article 17

The Measures also apply to foreign enterpris and other economic

organizations applying for accrediting their resident

reprentatives

within the boundaries of the People's Republic of China. Article 18

Companies and other enterpris run by overas Chine

or by compatriots

from Hong Kong and Macao, when applying for the establishment of

resident

offices, shall go through registration procedures with reference to

the

Measures so as to obtain registration certificates for the resident

offices of overas Chine enterpris and enterpris in Hong Kong

and

Macao.

Article 19

Chine-foreign equity joint ventures operating outside China which

have

been approved to establish resident offices in China shall also go

through

registration procedures with reference to the Measures. Article 20

The Measures shall go into effect as of March 15, 1983.