关于审批和管理外国企业在华常驻代表机构的实施细则doc内容摘要:

of Foreign Enterprises。 and (6) other application materials which the examination and approval authorities deem necessary. Article 13 The resident representative office of a foreign enterprise shall be named in the form of Name of Origin Country + Name of Enterprise + Name of City + Representative Office. Article 14 After the enterprise acquires the approval for establishment of a resident representative office, the chief representative of the office shall, within thirty days from the date of receipt of the approval, register with the registration authorities by producing the certificate of approval. In case of failure to go through the registration formalities within the time limit, the certificate of approval shall be invalid automatically and shall be revoked by the examination and approval authorities. Article 15 The resident representative office of a foreign enterprise shall, within thirty days after it has acquired the approval of its application and conducted its registration, go through the formalities with the public security ans, tax authorities, customs administration and banking units by presenting the certificate of approval, registration certificate and certificate of representative. Article 16 The maximum residence period of the resident representative office of a foreign enterprise by one approval shall be not longer than three years. The residence period shall begin on the day of the issuance of the certificate of approval. Where the foreign enterprise intends to extend the period, it shall, sixty days before the expiration of the period, submit an application to the examination and approval authorities through the original undertaking agency and go through formalities for the extension. Article 17 The resident representative office of a foreign enterprise which applies for extension shall provide the examination and approval authorities with the following documents。 (1) an application for extension signed by the chairman or general manager of the enterprise。 (2) a business report of the resident representative office during the last residence period。 (3) a certificate of credit (original) issued by a bank which has business relations with the enterprise。 (4) a certificate of legal operation (transcript) issued by the petent authority of the country where the enterprise is located。 (5) a duplicate certificate of approval and a certificate of registration of the resident representative office。 and (6) an Application Form for Extension of Resident Representative Offices of Foreign Enterprises. Article 18 The resident representative office of a foreign enterprise which had its application for extension approved and obtained a certificate of approval for extension issued by the examination and approval authorities shall, within thirty days after receipt of the approval and by presenting such certificate, go through the formalities with the registration authorities for extension and the formalities with the public security ans, tax authorities, customs administration, banking units, etc. Article 19 Where a foreign enterprise requests for an alteration of its name, a replacement or an addition of the chief representative or representative (s), or an alteration of the business scope, residence period or office location of its resident representative office, it shall, through the original undertaking agency, provide the original examination and approval authorities with an application for alteration signed by the chairman or general manager of the enterprise together with materials relevant to such alterations, and shall fill in the Application Form for Alteration of Resident Representative Offices of Foreign Enterprises. Upon the approval, the resident representative office shall, within thirty days and by presenting the certificate of approval for alteration, go through the formalities with the registration authorities for alteration and the formalities with the public security ans, tax authorities, customs administration, banking units, etc. Article 20 Where a foreign enterprise applies for a revocation of its resident representative office due to the expiration of the residence period or for a termination of the business operation before such expiration, an application for cancellation signed by the chairman of the board of directors or general manager of the enterprise shall, thirty days before the expiration, be submitted by the original undertaking agency to the original examination and approval authorities for record, and the formalities of cancellation pertaining to registration of industry and merce, permanent residence and record at customs shall be gone through after the clearups of debts and taxes and other issues. Article 21 The applications concerning the establishment, extension, alteration and revocation as well as the letters of authorization for the chief representative and representative (s) of the resident representative office of a foreign enterprise shall be written in the Chinese language。 if done in other languages, a translation in the Chinese language shall be attached hereto. Should languages other than the Chinese language be used in other materials for application, a translation in the Chinese language shall be attached hereto. Article 22 The examination and approval authorities shall be entitled to, when it deems necessary, require the foreign enterprise which applies for the establishment of a resident representative office to have all or part of the materials for application notarized by the notary an of the country where the enterprise is located, and to have them certified by the Chinese embassy or consulate in the country where the enterprise is located. Chapter 3 Adm。
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