Administrative Provisions on Foreign-invested Advertising Enterprises (Revised in 2008)
Administrative Provisions on Foreign-invested Advertising Enterprises (Revised in 2008)
Administrative Provisions on Foreign-invested Advertising Enterprises (Revised in 2008)
Order of the State Administration for Industry and Commerce and the Ministry of Commerce No. 35
August 22, 2008
The Regulations on the Administration of Foreign-invested Advertising Enterprises which have been revised by the State Administration for Industry & Commerce (SAIC) and the Ministry of Commerce (MOFCOM), is hereby promulgated and shall enter into force as of Oct.1, 2008.
Zhou Bohua, Minister of the SAIC
Chen Deming, Minister of the MOFCOM
Administrative Provisions on Foreign-invested Advertising Enterprises
Article 1 For the purpose of strengthening the administration on the foreign-invested advertising enterprises and promoting the sound development of advertising industry, these Regulations are formulated pursuant to the laws and administrative regulations related to the administrations of foreign investments and advertisements.
Article 2 The term "Foreign-invested advertising enterprises" as used herein refers to Sino-foreign equity joint ventures and Sino-foreign contractual joint ventures (hereinafter referred to as Sino-foreign advertising joint ventures, the same below) and wholly foreign-invested advertising enterprises that are lawfully engaging in advertising businesses.
Article 3 Any entity or individual that establishes a foreign-invested advertising enterprise shall abide by the Provisions as well as 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, and other relevant laws, regulations and rules.
Article 4 The project proposal and the feasibility study report of a foreign-invested advertising enterprise shall be approved by the SAIC and its authorized administrations for industry and commerce at provincial level. The contracts and articles of associations of a foreign-invested advertising enterprise shall be approved by administrations of commerce at provincial level.
Article 5 A foreign-invested advertising enterprise that meets the prescribed conditions may engage in designing, making, issuing, or acting as an agency of various advertisements businesses both home and abroad. The specific business scope shall be subject to the approval of the SAIC and its authorized administrations for industry and commerce at provincial level according to law.
Article 6 Any entity or individual that establishes a Sino-foreign advertising joint venture shall go through procedures as follows:
1. The main Chinese partner shall submit the documents as provided for in Article 12 to the administration for industry and commerce competent for reviewing and approving the registration of foreign-invested enterprises in the place where it is located, and the latter shall give an opinion on the preliminary review, and then submit the aforesaid documents to the administration for industry and commerce at provincial level authorized by the SAIC for approval, or to the SAIC for approval via the administration for industry and commerce of a province, autonomous region, municipality directly under the Central Government or separately planning city after its review.
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