I. Legal Basis
(I) Item 192 of the appendix Catalog of Administrative License Decided by the State Council to Be Established for the Administrative Examination and Approval Items that Must Be Retained to the Decision of the State Council on Establishing Administrative License for Administrative Examination and Approval Items that Must Be Retained (Order of the State Council [2004] No.412): "Examination and Approval of the Establishment, by Non-enterprise Economic Organizations from Taiwan, of Resident Representative Offices in the Mainland".
(II) Article 3 of the Implementing Rules for the Examination and Approval and Administration of Resident Representative Offices of Foreign Enterprises in China (Order of the Ministry of Foreign Trade and Economic Cooperation [1995] No.3) specifies: "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 (departments) for foreign trade and economic relations (the "examination and approval authorities") of the provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan, register with the State Administration for Industry and Commerce or its authorized administrations for industry and commerce (the "registration authorities") of the provinces, autonomous regions, municipalities directly under the Central Government and the cities specifically designated in the state plan." Article 32 specifies: "These Implementing Rules shall apply, mutatis mutandis, to enterprises in Hong Kong, Macao and Taiwan which apply for the establishment of their resident representative offices in the mainland of China."
II. Application Requirements
Non-enterprise economic and trade organizations from Taiwan.
III. Application Materials
Electronic versions of the following application materials are required to be submitted:
(I) Application for the certificate of approval of a resident representative office
1. the form of application signed by the principal of an organization, including: the profile of the organization, the purpose for establishment of the resident representative office, the name of the resident representative office, dispatched persons (chief representative and representatives), business scope, residence period and office address;
2. the lawful registration certificate issued by relevant authority at the location of the organization (copy);
3. the capital credit certificate issued by a bank with business contact with the organization (original);
4. the power of attorney for appointment of the chief representative and representatives signed by the principal of the organization, and resumes and identity certificates of the chief representative and representatives (copies);
5. the Form of Declaration for Establishment of the Resident Representative Office by an Enterprise from Taiwan and the Form of Declaration for Personnel of the Resident Representative Office of an Enterprise from Taiwan filled in (sample forms may be downloaded from the website of Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center or got at the Window for the Department of Commerce of the Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center); and
6. other application materials that are necessary to be provided as deemed by relevant examination and approval authority.
(II) Extension of the certificate of approval of a resident representative office
1. the form of application for extension signed by the principal of an organization;
2. the report on activities of the resident representative office of the organization in the preceding residence period;
3. the capital credit certificate issued by a bank with business contact with the organization (original);
4. the lawful registration certificate issued by relevant authority of the country where the organization is located (copy);
5. copies of the certificate of approval and the certificate of registration of the resident representative office of the organization; and
6. the Form of Declaration for Extension of the Resident Representative Office of a Foreign Enterprise filled in (the form may be downloaded from the website of Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center or got at the Window for the Department of Commerce of the Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center).
(III) Change of the certificate of approval of a resident representative office
1. the written application report of the organization; and
2. the appendix about change contents.
(IV) Cancellation of the certificate of approval of a resident representative office
The written application report of the organization.
IV. Handling Procedures
(I) An applicant submits the said application materials to the "Window for Provincial Department of Commerce" of the Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center.
(II) The Sichuan Provincial Department of Commerce submits them to the Ministry of Commerce in the commitment period.
(III) After the Ministry of Commerce gives a reply, the applicant gets the reply document at the Window for the Department of Commerce of the Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center.
(IV) A receiver shall get handling result by virtue of the ID card thereof and relevant notice of acceptance.
V. Period for Handling
(I) Statutory period: 20 working days.
(II) Commitment period: 5 working days.
VI. Charging Basis and Standards
Free of charge.
VII. Contact Information
Tel.: Window for Provincial Department of Commerce of the Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center: (028) 86936855 86918020
Complaint hotlines: Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center: (028) 86936179 86936381
Sichuan Provincial Department of Commerce: (028) 83223259 83224046 |
