Circular on Implementation of the Administrative Regulations on the Registration of Resident Representative Offices of Foreign Enterprises
Circular on Implementation of the Administrative Regulations on the Registration of Resident Representative Offices of Foreign Enterprises
Circular on Implementation of the Administrative Regulations on the Registration of Resident Representative Offices of Foreign Enterprises
Gong Shang Wai Qi Zi [2011] No. 27
February 17, 2011
Industry and commerce administration bureaus and market regulatory bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the State plan and sub-provincial cities:
The Administrative Regulations on the Registration of Resident Representative Offices of Foreign Enterprises (hereinafter referred to as these "Regulations") were promulgated by Order of the State Council No. 584 on November 19, 2010 and shall come into effect as of March 1, 2011. For the purpose of ensuring smooth implementation of these Regulations and improperly carrying out administration over registration of permanent representative institutions of foreign enterprises (hereinafter referred to as the "representative institutions") and guaranteeing representative institutions' lawful business activities within the territory of China, relevant issues are hereby notified as follows:
I. Unifying ideology and awareness, and profoundly understanding the significance of implementing these Regulations
These Regulations are promulgated against the background that our country further deepens reform and opening-up, speed up transform in economic development mode and continuously improve the quality and level of utilizing foreign capital. The implementation of these Regulations will be of great significance for performing China's WTO entry commitments, expanding foreign economic cooperation and technology exchange, improving systems for administration over registration of representative institutions and promoting the healthy development of representative institutions.
1. The promulgation and implementation of these Regulations is necessary for China to deepen its opening-up. Since the reform and opening-up, representative institutions have played a positive role in attracting foreign funds and promoting foreign economic cooperation and exchange. For the purpose of regulating administration over registration of representative institutions, the State Council approved promulgation of the Measures for Administration over Registration of Permanent Representative Institutions of Foreign Enterprises in 1983, which, for more than 20 years, have provided effective system guarantee for representative institutions' normal business activities within the territory of China. However, along with the continual deepening of reform and opening-up, some new situations and problems arise constantly in the process of administration over registration of representative institutions. As the number of established representative institutions, their business scope and act modes have changed greatly, the original Measures have become increasingly outdated and are unable to meet demands of economic and society development. Based on the original Measures, these Regulations make nature of representative institutions and access standards further definite, broaden representative institutions' business scopes, define rules for business activities and provide more effective legal guarantee for representative institutions' lawful activities within the territory of China.
2. The promulgation and implementation of these Regulations are an important step for China to create a good investment environment for foreigners to invest in China. These Regulations are an important set of regulations for China to regulate establishment of business offices by foreign enterprises within the territory of China, promulgation and implementation of which will be conducive to normal business activities of representative institutions. These Regulations further regulate administrative licensing acts, optimize procedures for registration administration, strengthen standardized administration over representative institutions, reinforce registered information' social service function and require complete publication of information on registration, filing, annual report, etc., which will play an important role in improving transparency in economic trade, intensifying market entities' credit awareness, promoting the standardized and healthy development of representative institutions and optimizing investment environments for foreign investors.
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