Administrative Measures for the Authorized Registration of Foreign-invested Enterprises (Revised in 2016)

Administrative Measures for the Authorized Registration of Foreign-invested Enterprises (Revised in 2016)
Administrative Measures for the Authorized Registration of Foreign-invested Enterprises (Revised in 2016)

Order of the State Administration for Industry and Commerce No.86

April 29, 2016

(Promulgated under Order of the State Administration for Industry and Commerce No.4 on December 10, 2002 and revised in accordance with Order of the State Administration for Industry and Commerce No.86 on April 29, 2016)

Article 1 These Measures are formulated in accordance with the relevant laws and regulations in order to regulate the administration of the registration of foreign-invested enterprises, clarify the duties of administrations for industry and commerce at all levels, and strictly implement the national laws, regulations and industrial policies on foreign investment.

Article 2 These Measures shall apply to the application for and conferment, implementation, supervision and inspection of the registration administration right of foreign-invested enterprises.
For the purpose of these Measures, foreign-invested enterprises refer to Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures and wholly foreign-owned enterprises.
As for branches and resident representative offices of enterprises of foreign countries (regions), enterprises of foreign countries (regions) engaged in production and business activities within the territory of China, branches of foreign-invested enterprises and other enterprises that shall implement the industrial policies on foreign investment as required by the relevant national provisions, and the conferment and regulation of the registration administration right of these enterprises shall be subject to these Measures.

Article 3 The registration administration of foreign-invested enterprises shall follow the principle of registration administration by the State Administration for Industry and Commerce and authorized registration administration by local administrations for industry and commerce.
The State Administration for Industry and Commerce is in charge of the registration administration of foreign-invested enterprises in the whole country, and may grant the approval and registration administration right of foreign-invested enterprises to local administrations for industry and commerce according to the conditions stipulated in these Measures. The authorized local administrations for industry and commerce (the "authorized administrations") exercise the registration administration right of foreign-invested enterprises in their own names within the scope of authorization.

Article 4 An administration for industry and commerce at or below the provincial level (or a branch thereof) may apply for conferment of the approval and registration right of foreign-invested enterprises if it meets the following conditions:
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