Administrative Measures for the Authorization to Administer the Registration of Foreign-Invested Enterprises

Administrative Measures for the Authorization to Administer the Registration of Foreign-Invested Enterprises
Administrative Measures for the Authorization to Administer the Registration of Foreign-Invested Enterprises

Order of the State Administration for Market Regulation No.51

March 1, 2022

Article 1 The Measures are formulated in accordance with the Foreign Investment Law of the People's Republic of China, the Implementing Regulations of the Foreign Investment Law of the People's Republic of China and other relevant laws and regulations to regulate the administration of the registration of foreign-invested enterprises (“FIEs”) and to clearly establish the duties of market regulation agencies at various levels.

Article 2 The Measures shall apply to the authorization to administer the registration and the regulation thereof, of FIEs and their branches in China.
The Measures shall apply mutatis mutandis to the authorization to administer the registration and the regulation thereof, of branches established in the Chinese mainland by foreign companies and other enterprises to which the industrial policy on foreign investment shall apply under the regulations of the State, as well as enterprises established in the Chinese mainland by investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, or the Taiwan region and their branches.

Article 3 The State Administration for Market Regulation (the “SAMR”) shall be in charge of the nationwide administration of registration of FIEs and may grant, under conditions set out in the Measures, the authorization to administrate the registration of FIEs (the “Authorization”) to local market regulation agencies.
An authorized local market regulation agency ("authorized agency") shall administer the registration of FIEs in its own name and within the scope authorized.
No registration of FIEs may be administered or administered in any disguised form without the Authorization from the SAMR.

Article 4 A market regulation agency may apply for the Authorization if it meets the following conditions:
1.
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