Provisions on the Administration of Foreign-invested Advertising Enterprises

Provisions on the Administration of Foreign-invested Advertising Enterprises

Order of the State Administration for Industry and Commerce and the Ministry of Commerce [2004] No. 8

March 2, 2004

The Provisions on the Administration of Foreign-invested Advertising Enterprises are deliberated by the State Administration for Industry and Commerce and the Ministry of Commerce and are hereby promulgated.
Minister: Wang Zhongfu
Minister: Bo Xilai

Attached: Provisions on the Administration of Foreign-invested Advertising Enterprises
　
Article 1 These Provisions are formulated in accordance with laws and regulations concerning the administration of foreign investments and advertisements to strengthen the administration of foreign-invested advertising enterprises, and promote the healthy development of the advertising industry.
　
Article 2 For the purposes of these Provisions, the term "foreign-invested advertising enterprises" refers to Sino-foreign equity joint ventures and Sino-foreign contractual joint ventures that engage in advertising business in accordance with the law (collectively referred to as Sino-foreign advertising enterprises, Hereinafter the same) and foreign-funded advertising enterprises.
　
Article 3 To establish a foreign-invested advertising enterprise, in addition to complying with these Provisions, the Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures, the Law of the People's Republic of China on Sino-Foreign Cooperative Joint Ventures, the Law of the People's Republic of China on Foreign-invested Enterprises, the Advertising Law of the People's Republic of China, the Regulations on the Administration of Advertisements, the Standards on the Qualifications of Advertising Operators and Issuers of Advertisements and the Guidelines on the Terminology for Determining the Scope of Advertising Business, and other relevant laws, regulations and rules shall also be followed.
　
Article 4 The project proposal and the feasibility study report of a foreign-invested advertising enterprise shall be examined by the State Administration for Industry and Commerce (SAIC) and its authorized administration for industry and commerce at the provincial level. The contracts and articles of associations of a foreign-invested advertising enterprise shall be examined and approved by the Ministry of Commerce (MOFCOM) and its authorized department in charge of commerce at the provincial level.
　
Article 5 A foreign-invested advertising enterprise that meets the prescribed requirements may engage in designing, producing, issuing, or agency of various domestic and overseas advertising businesses. The specific scope of business shall be verified by SAIC and its authorized administration for industry and commerce at the provincial level in accordance with the Standards on the Qualifications of Advertising Operators and Issuers of Advertisements and the Guidelines on the Terminology for Determining the Scope of Advertising Business.
　
Article 6 To establish a Sino-foreign advertising enterprise, the following procedures shall be handled:
1. The major Chinese party shall submit the documents prescribed in Article 12 to the local administration for industry and commerce with the authority of verifying and approving the registration of foreign-invested enterprises, and give its opinion on the preliminary examination for submission to the administration for industry and commerce at the provincial level authorized by SAIC for examination and approval, or to SAIC for examination and approval after verification and transfer by the administration for industry and commerce of a province, autonomous region, municipality directly under the central government or cities specifically designated under the state plans.
SAIC and its authorized administration for industry and commerce at the provincial level shall make a decision on approval or disapproval within 20 days from the receipt of the complete set of documents submitted.
2.
　　......