Detailed Rules of the Ministry of Foreign Trade and Economic Co-operation for the Implementation of the Examination-Approval and Administration of the Resident Representative offices of Foreign Enterprises in China
Detailed Rules of the Ministry of Foreign Trade and Economic Co-operation for the Implementation of the Examination-Approval and Administration of the Resident Representative offices of Foreign Enterprises in China
Detailed Rules of the Ministry of Foreign Trade and Economic Cooperation for the Implementation of the Examination-Approval and Administration of the Resident Representative offices of Foreign Enterprises in China
Order of the Ministry of Foreign Trade and Economic Cooperation [1995] No. 3
February 13, 1995
The Detailed Rules of the Ministry of Foreign Trade and Economic Cooperation for the Implementation of the Examination-Approval and Administration of the Resident Representative offices of Foreign Enterprises in China are hereby issued with effect immediately.
Minister: Wu Yi
Detailed Rules of the Ministry of Foreign Trade and Economic Co-operation for the Implementation of the Examination-Approval and Administration of the Resident Representative offices of Foreign Enterprises in China
Chapter 1 General Principles
Article 1 With a view to developing China's foreign trade, promoting international economic cooperation and fortifying the administration of the resident representative offices of foreign companies, enterprises and other economic entitles in the People's Republic of China, the present Detailed Rules are formulated in accordance with the Interim Provisions Concerning the Administration of the Resident Representative Offices in China of Foreign Enterprises, which were promulgated by the State Council of the People's Republic of China on October 30, 1980.
Article 2 These Detailed Rules shall apply to the resident representative offices set up within the territory of the People's Republic of China by foreign traders, manufacturers, shipping agents, contractors, consultant companies, advertising agencies, investment companies, leasing companies and other economic entities (hereinafter called "foreign enterprises").
Article 3 A foreign enterprise which applies for the establishment of its resident representative office in the territory of the People's Republic of China shall, upon approval by the Ministry of Foreign Trade and
Economic Cooperation or its authorized commissions for foreign trade and economic relations (hereinafter called the "examination-approval authorities") of the provinces, autonomous regions, municipalities
directly under the Central Government and of cities with separate listing in the state plan, register with the State Administration for Industry and Commerce or its authorized administrations for industry and commerce (hereinafter called the "registration authorities") of the provinces, autonomous regions, municipalities directly under the Central Government and of the cities with separate listing in the state plan.
Article 4 The resident representative office of a foreign enterprise may, on its behalf and within its business scope, be engaged in such indirect business activities as business liaison, products recommendation, market research, technological exchange, etc. in the territory of the People's Republic of China.
Article 5 Without prior approval and registration, no foreign enterprise shall have its resident representative office or be engaged in any of the business activities set forth in these Rules in the territory of the
People's Republic of China.
Article 6 The resident representative office and its staff members of a foreign enterprise shall abide by the laws and regulations of, and shall not injure the national security and social public interests of the People's Republic of China.
Article 7 The business activities conducted by the resident representative office and its staff members of a foreign enterprise pursuant to these Rules shall be protected by law of the People's Republic of China.
Article 8 The essential conditions and requirements for a foreign enterprise to apply for the establishment of a resident representative office are as follows:
(1) the enterprise must be legally registered in the country where it is located;
(2) the enterprise must enjoy a good commercial reputation;
(3) the enterprise must provide the authentic and reliable materials and documents required by these Rules;
(4) the enterprise must go through the registration and application procedures as provided for in these Rules.
Chapter 2 Establishment, Extension, Alteration and Termination
Article 9 A foreign enterprise which applies for the establishment of a resident representative office in the territory of the People's Republic of China shall submit to the examination and approval authorities a written application.
......
Order of the Ministry of Foreign Trade and Economic Cooperation [1995] No. 3
February 13, 1995
The Detailed Rules of the Ministry of Foreign Trade and Economic Cooperation for the Implementation of the Examination-Approval and Administration of the Resident Representative offices of Foreign Enterprises in China are hereby issued with effect immediately.
Minister: Wu Yi
Detailed Rules of the Ministry of Foreign Trade and Economic Co-operation for the Implementation of the Examination-Approval and Administration of the Resident Representative offices of Foreign Enterprises in China
Chapter 1 General Principles
Article 1 With a view to developing China's foreign trade, promoting international economic cooperation and fortifying the administration of the resident representative offices of foreign companies, enterprises and other economic entitles in the People's Republic of China, the present Detailed Rules are formulated in accordance with the Interim Provisions Concerning the Administration of the Resident Representative Offices in China of Foreign Enterprises, which were promulgated by the State Council of the People's Republic of China on October 30, 1980.
Article 2 These Detailed Rules shall apply to the resident representative offices set up within the territory of the People's Republic of China by foreign traders, manufacturers, shipping agents, contractors, consultant companies, advertising agencies, investment companies, leasing companies and other economic entities (hereinafter called "foreign enterprises").
Article 3 A foreign enterprise which applies for the establishment of its resident representative office in the territory of the People's Republic of China shall, upon approval by the Ministry of Foreign Trade and
Economic Cooperation or its authorized commissions for foreign trade and economic relations (hereinafter called the "examination-approval authorities") of the provinces, autonomous regions, municipalities
directly under the Central Government and of cities with separate listing in the state plan, register with the State Administration for Industry and Commerce or its authorized administrations for industry and commerce (hereinafter called the "registration authorities") of the provinces, autonomous regions, municipalities directly under the Central Government and of the cities with separate listing in the state plan.
Article 4 The resident representative office of a foreign enterprise may, on its behalf and within its business scope, be engaged in such indirect business activities as business liaison, products recommendation, market research, technological exchange, etc. in the territory of the People's Republic of China.
Article 5 Without prior approval and registration, no foreign enterprise shall have its resident representative office or be engaged in any of the business activities set forth in these Rules in the territory of the
People's Republic of China.
Article 6 The resident representative office and its staff members of a foreign enterprise shall abide by the laws and regulations of, and shall not injure the national security and social public interests of the People's Republic of China.
Article 7 The business activities conducted by the resident representative office and its staff members of a foreign enterprise pursuant to these Rules shall be protected by law of the People's Republic of China.
Article 8 The essential conditions and requirements for a foreign enterprise to apply for the establishment of a resident representative office are as follows:
(1) the enterprise must be legally registered in the country where it is located;
(2) the enterprise must enjoy a good commercial reputation;
(3) the enterprise must provide the authentic and reliable materials and documents required by these Rules;
(4) the enterprise must go through the registration and application procedures as provided for in these Rules.
Chapter 2 Establishment, Extension, Alteration and Termination
Article 9 A foreign enterprise which applies for the establishment of a resident representative office in the territory of the People's Republic of China shall submit to the examination and approval authorities a written application.
......