Notice of the State Administration for Industry and Commerce on Printing and Distributing the Several Opinions on the Work for the Registration Administration on the Applications for Establishing Individual Businesses in the Mainland by Hong Kong and Macao Residents
Notice of the State Administration for Industry and Commerce on Printing and Distributing the Several Opinions on the Work for the Registration Administration on the Applications for Establishing Individual Businesses in the Mainland by Hong Kong and Macao Residents
Notice of the State Administration for Industry and Commerce on Printing and Distributing the Several Opinions on the Work for the Registration Administration on the Applications for Establishing Individual Businesses in the Mainland by Hong Kong and Macao Residents
(No.190 [2004] of the State Administration for Industry and Commerce)
November 19, 2004
The administrations for industry and commerce of all the provinces, autonomous regions, municipalities directly under the Central Government, cities under separately state planning and deputy provincial cities,
Upon the approval of the State Council, the Central Government and the governments of Hong Kong and Macao signed the Supplementary Agreement on the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Supplementary Agreement on the Mainland and Macao Closer Economic Partnership Arrangement respectively on October 27, and October 29, 2004. According to the relevant provisions of the two Supplementary Agreements, from January 1st, 2005, the Chinese citizens among the permanent residents in Hong Kong and Macao will be allowed to establish individual businesses at all the provinces, autonomous regions, and municipalities directly under the Central Government of the Mainland without being subject to the examination and approval of the competent department of foreign investment, and the administrative department for industry and commerce shall make registration for them in light of the relevant laws, regulations and administrative rules of the Mainland. In order to ensure the smooth carrying out of the work, the State Administration for Industry and Commerce has formulated the Several Opinions on the Work for the Registration Administration on the Applications for Establishing Individual Businesses in the Mainland by Hong Kong and Macao Residents, which are hereby printed and distributed, please implement them accordingly.
Several Opinions on the Work for the Registration Administration on the Applications for Establishing Individual Businesses in the Mainland by Hong Kong and Macao Residents
The fourth session of the sixteenth meeting of the Communist Party of China (CPC) clearly pointed out that it is a new subject being faced with by the CPC in the new situation for managing state affairs to keep the long prosperity and stability of Hong Kong and Macao. To allow the Chinese citizens among the permanent residents of Hong Kong and Macao (hereinafter referred to as the Hong Kong and Macao residents) to apply for establishing individual businesses all over the Mainland concerns supporting the economic development of both regions of Hong Kong and Macao, concerns promoting the social stability of both regions of Hong Kong and Macao, and also concerns opening new situations of the cause of "One country, Two systems". It is not only an economic issue, but also a political issue. The administrative departments for industry and commerce at all levels shall attach high importance to this work. According to the relevant provisions of the Supplementary Agreement on the Mainland/Hong Kong Closer Economic Partnership Arrangement and the Supplementary Agreement on the Mainland and Macao Closer Economic Partnership Arrangement signed between the Central Government and the governments of Hong Kong and Macao Special Administrative Regions (hereinafter referred to jointly as the Supplementary Agreements of the Arrangements), and in light of the Administrative Licensing Law of the People's Republic of China, Interim Regulations on the Administration of Urban and Rural Individual Businesses, the Provisions on the Registration Procedures of Individual Businesses, and the relevant laws, regulations and administrative rules, we hereby put forward the following opinions on the work for the registration administration on the applications for establishing individual businesses in the Mainland by Hong Kong and Macao residents:
I. From January 1st, 2005, any Hong Kong or Macao resident may apply for establishing individual business in all the provinces, autonomous regions, and municipalities directly under the Central Government of the Mainland without being subject to the examination and approval of the competent department of foreign investment, and shall be registered by the administration for industry and commerce of the county or city at their business places and the branch administration for industry and commerce of large and medium cities in light of the relevant laws, regulations, and administrative rules of the Mainland. The registration organ may entrust an industry and commerce office to make registration on individual businesses of the residents of Hong Kong and
II. The business scope on which the Hong Kong and
The organization form of individual businesses of Hong Kong and
III. The Hong Kong and Macao residents shall submit the following documents when applying for the registration of establishment of an individual business:
1. The Application Form for the Registration of Establishment of Individual Business (of Hong Kong and Macao Residents) signed by the applicant;
2. The identity certificate and identity verification documents of the applicant, for the detail, see Annex II Statements and Format of the Identity Certificate Documents of Hong Kong and Macao Residents;
3. Certificate of business place; and
4. Other documents that shall be submitted as prescribed by state laws and regulations.
Where a registration organ has pre-approved the trade name or name of an individual business, the applicant shall submit the Notice on Pre-approval of the Trade Name or Name of Individual Businesses (of
In case an applicant undertakes the business that shall be subject to the examination and approval of the relevant departments as prescribed by laws and administrative regulations, the approval documents of the relevant departments shall be submitted.
IV. In case any Hong Kong or Macao resident who plans to intitle a trade name or name for any individual business he applies for establishing, or the business items involves pre-license, he may apply for pre-approval on the trade name or name of the individual business to the register organ before the registration on the establishment. In case the register organ grants the pre-approval on the trade name or name of the individual business by referring to the Provisions on the Administration of Enterprise Name Registration, it shall issue the Notice of Pre-approval on the Trade Name or Name of Individual Businesses (of
V. Where any applicant of Hong Kong or Macao residents plans to undertake any business that shall be subject to the examination and approval of the relevant departments as prescribed by laws and administrative regulations, he shall apply for pre-license to the relevant departments upon the strength of the identity certificate, identity verification documents and the Notice of Pre-approval for the Trade Name or Name of Individual Businesses (of Hong Kong and Macao Residents) (in case the trade name or name has been pre-approved), and submit the photocopies of the relevant certificates and documents and go through pre-license formalities in light of the requirements of the relevant departments. For the business items that shall be subject to pre-license, please see Annex IV Reference Contents of Pre-license for the Registration of Individual Businesses (of
VI.
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