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Registration of an enterprise of a foreign country (region) for conducting business operational activities within the territory of China

02-23-2020


Basic Information


Business type


Administrative permit


Certificate type


Committed certificate


Business category

 
Establishment and change  Commerce and trade   Foreign-related services


Implementing entity


Shanghai Municipal Administration for Market Regulation


Nature of implementing entity


Legal body


Code of implementing entity

11310000MB2F3067XN


Service subjects


Other organization


Approval subjects


Enterprises of other countries (regions) engaged in production and business operations within the territory of China


Service scope


Across this Municipality


Exercising level


Municipal level


Source of power


Legal exercise at this level


Handling mode


Handling at the window, online handling


Is reservation available?


No


Is online payment available?


No


Is courier service available?


No


Is self-service terminal service available?


No


Co-handling body


No


Intermediary service


No


Quantity limit


There is no quantity limit and approval is granted once the conditions are met.


Operating system


Municipal level


Required number of arrivals at the site

2


Depth of online handling


Online consultation


Handling period specified by law

22 (working days)


Committed time limit for closing

5 (working days)


Business status


In use


Business version

6


Whether it is available at the online administrative service center


Yes


Applicable scope


The Guide applies to the application and handling of establishment, change and cancellation of enterprises of other countries (regions) engaged in production and business operations within the jurisdiction of Shanghai.


Content of review and approval


Registration of establishment, change and cancellation of enterprises of other countries (regions) engaged in production and business operations within the territory of China.


Division of authority


Shanghai Municipal Administration for Market Regulation: Responsible for registering enterprises of other countries (regions) engaged in production and business operations within the jurisdiction of Shanghai

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Conditions for Acceptance

The application materials are complete and prepared in a legal form. See details in the List of Application Materials.

Application Materials

Instructions for Filling

1. The application materials shall be sequenced in the order as set out in the List of Application Materials in this Guide;

2. The documents prepared by the Applicant are printed with A4 papers, and those issued by the government and other authorities shall be provided in the size(s) as the original(s);

3. Copies of the application materials shall be clear and legible.

Formal Standards

1.  The application materials should be organized in the order specified in the application form herein; 2. Duplicates of the application materials should be legible; 3. The application should be signed by authorized signatory of the enterprises of other countries (regions) in black or blue-black ink or signature pen with neat writing. Where documents are in foreign languages, a Chinese translation affixed with the official seal of the translation institution should be provided.

List of Application Materials


Name of material


Source


Type of material

 

Number of hardcopy materials

 

Form of material

 

Remarks

 

Mandatory or not

 

Template

 

Blank form


Application for Registration Cancellation of  Business Operation Conducted by Enterprises of Foreign Countries (Regions) within the Territory of China


Adopt the template of State Administration for Market Regulation

 

Original

1

 

Hardcopy

 

View details

 

Mandatory


Download to view


Downloadthe Form


Approval document of the project authority for the cancellation


Project authority

 

Original

1

 

Hardcopy

 

 

Mandatory

   


Clearance certificate


Taxation organ

 

Original

1

 

Hardcopy

 

View details

 

Mandatory

   


Liquidation report


Prepared by the Applicant

 

Original

1

 

Hardcopy

 

View details


Not mandatory

   


Business license


Market Supervision Department

 

Original

1

 

Hardcopy

 

View details

 

Mandatory

   


Official seal


Third-party seal making institution

 

Original

1

 

Hardcopy

 

 

Mandatory

   

Name of the Application Document

Application for Registration (Filing) of Production and Business Operations by Enterprises of Other Countries (Regions) within the Territory of China

Place of Business Handling

Place of Business Handling

The Government Service Hall of Shanghai Municipal Administration for Market Regulation, No.301, Zhaojiabang Road

Business Hours

9:00-11:30 and 13:30-16:30 (14:00-16:30 in summer) from Monday to Friday (except for statutory holidays)

Legal Basis

Article 2 of the Administrative Measures for the Registration of Production and Business Operation Conducted by Enterprises of Foreign Countries (Regions) within the Territory of China (published by the Decree No.10 of State Administration for Industry and Commerce on August 15, 1992, and amended on April 29, 2016):  According to relevant laws and regulations, foreign enterprises, approved by the State Council and administrative authorities authorized by the State Council (hereinafter referred to as examination and approval authorities) and engaged in production and business with the territory of China, shall register with the provincial administration for industry and commerce (hereinafter referred to as the administrative departments of registration). Foreign enterprises may start production and business only when their applications for registration have been examined and approved by administrative departments of registration and they are given Business Licenses of People Republic of China. Foreign enterprises, who fail to be approved by the examination and approval authorities and whose applications for registration fail to be examined and approved by administrative departments of registration, may not be engaged in production and business within the territory of China.

Procedures of Business Handling

View the flow chart

Mode of Business Handling

Mode of Business Handling

1.  General procedures

 (1) Business description

One staff member of the administrative departments of registration conducts the initial review and receives the materials and another staff member decides whether to register after examination.

 (2) Applicable situation

Applications where all necessary application materials are submitted in legal form and do not need to be verified.

2. Procedure of verification

 (1) Business description

The administrative departments of registration decide to accept the application, designate more than 2 staff members to verify the application materials, and decide whether to register based on the result of verification.

 (2) Applicable situation

Applications where all necessary application materials are submitted in legal form and need to be verified.

Special Procedures

No

Approval Certificate

No

Review and Approval Charges

Charged or not

No

Rights and obligations of the applicant

The applicant shall have the following rights according to laws:

1. In the case of meeting the legal conditions and standards, the applicants have the equal right to obtain the administrative permit according to law.

2. The applicants have the right to state on and defend against the implementation of administrative permit by the administrative departments of registration.

3.  The applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

4. Where the legal rights are damaged by illegal implementation of administrative permit by the administrative departments of registration, the applicants have the right to claim compensation according to law. 

The applicant shall have the following obligations according to laws:

In applying for the administrative permit, the applicants shall truthfully submit the relevant materials to the market regulatory authority and demonstrate the true situation, and shall be responsible for the authenticity of the substantial contents of the application materials.

Consultation Method

Consultation Phone

(021)64220000-5475; (021)12345

Consultation Approach

http://scjgj.sh.gov.cn/shaic/consult!getQuestions.action

Supervision and Complaint Method

Complaint Phone

(021)12345

Complaint Channel

http://scjgj.sh.gov.cn

FAQs

FAQs

Question: Is it needed to submit the official seal for cancellation?

Answer: You can destroy it by yourself.

Common Unacceptable Sample

Common mistake: The approval document of the project authority is not submitted.

Correct action: Application for cancellation is subject to submission of approval document of the original project authority.