State Administration for Industry and Commerce, Ministry of Commerce Order of the State Administration for Industry and Commerce and the Ministry of Commerce No. 8 The Provisions on the Administration of Foreign-funded Advertising Enterprises, which were deliberated and adopted by the State Administration Wang Zhongfu, Director General of the State Administration for Industry and Commerce Bo Xilai, Minister ofthe Ministry of Commerce March 2nd, 2004 The Provisions on the Administration of Foreign-funded Advertising Enterprises Article 1 With a view to strengthening the administration on the foreign-funded advertising enterprises, and promoting the sound development Article 2 “Foreign-funded advertising enterprises” as mentioned in the present Provisions refers to the Sino-foreign equity joint enterprises Article 3 Establishing a foreign-funded advertising enterprise, one shall abide by the present Provisions as well as the Law of the People’s Article 4 The project proposal and the feasibility study report of a foreign-funded advertising enterprise shall be subject to the examination Article 5 A foreign-funded advertising enterprise that meets the prescribed conditions may engage in designing, making, issuing, or agency of Article 6 The establishment of a Sino-foreign equity joint and contractual advertising enterprise, one shall conduct according to the procedures (1) The main Chinese partner shall submit the documents as listed in Article 12 to the local administration for industry and commerce The SAIC and its authorized administration for industry and commerce of the provincial level shall make a decision on approval or (2) After obtaining the Opinion on the Examination and Approval of Foreign-funded Advertising Enterprise Project issued by the SAIC or (3) The main Chinese partner shall, pursuant to the relevant regulations on enterprise registration, handle the enterprise registration Article 7 The establishment of a foreign-funded advertising enterprise, one shall conduct according to the procedures as follows: (1) The foreign investor shall submit to the SAIC the documents as listed in Article 14 . The SAIC shall make a decision on approval or disapproval within 20 days as of the day it receives the complete set of documents. (2) After obtaining the Opinion on the Examination and Approval of Foreign-funded Advertising Enterprise Project issued by the SAIC, the The Ministry of Commerce shall make a decision on approval or disapproval within 20 days as of the day it receives the documents. (3) The foreign investor shall, according to the relevant regulations on the enterprise registration, go through the enterprise registration Article 8 Where a foreign-funded advertising enterprise files an application for establishing a branch, it shall conduct according to the procedures (1) It shall submit the documents as listed in Article 16 to the local administrative department of commerce and the administration for (2) The local administrative department of commerce of the provincial level shall make a decision on approval or disapproval after consulting (3) It shall handle the enterprise registration formalities in the administration for industry and commerce competent for examining and Article 9 Establishing a Sino-foreign equity joint or contractual advertising enterprise, the applicant shall not only meet the conditions as (1) All partners shall be enterprises engaging in advertising business; (2) All partners shall have existed and have engaged in advertising business for not less than 2 years since establishment; and (3) Having advertising achievements. Article 10 Establishing a foreign-funded advertising enterprise, the applicant shall not only meet the relevant conditions as provided for in (1) The investor shall be an enterprise mainly engaging in advertising business; and (2) The investor has existed and has engaged in advertising business for not less than 3 years since establishment. Article 11 Where a foreign-funded advertising enterprise files an application for establishing a branch, it shall meet the following basic conditions: (1) Having paid up the registered capital; and (2) Its annual business volume is not less than RMB 20 million Yuan. Article 12 Applying for the establishment of a Sino-foreign equity joint or contractual advertising enterprise, the main Chinese partner shall (1) The application for the establishment of Sino-foreign equity joint or contractual enterprise; (2) The Notice on the Pre-approval of Enterprise Name; (3) The resolutions made by the partners’ shareholders’ assembly (board of directors); (4) The project proposal for the establishment of Sino-joint equity joint or contractual enterprise and the feasibility research report (5) The registration certifications of all partners; (6) The credit-standing certifications of all partners; (7) The bylaws for advertising management; and (8) The preliminary examination opinions of the local administration for industry and commerce. Article 13 Applying for the establishment of a Sino-foreign equity joint or contractual advertising enterprise, the applicant shall, in accordance (1) The Opinion on the Examination and Approval of Foreign-funded Advertising Enterprise Project issued by the SAIC or its authorized (2) The contract for establishing a foreign-funded advertising enterprise and articles of association; (3) The project feasibility research report; (4) The registration certifications of all partners; (5) The credit-standing certifications of all partners; (6) The Notice on the Pre-approval of Enterprise Name; (7) The bylaws for advertising management; and (8) The preliminary examination opinions of the local administrative department of commerce. Article 14 Applying for the establishment of a foreign-funded advertising enterprise, the investor shall submit the following documents to the (1) The application for the establishment of foreign-funded advertising enterprise; (2) Resolutions of the investor’s shareholder’s assembly (board of directors); (3) The project proposal formulated by an investor and the feasibility research report; (4) The registration certification of the investor; (5) The credit-standing certification of the investor; and (6) The Notice on the Pre-approval of Enterprise Name. Article 15 Establishing a foreign-funded advertising enterprise, the foreign investor shall submit the following documents to the Ministry of (1) The application for establishing a foreign-funded advertising enterprise; (2) The Opinion on the Examination and Approval of Foreign-funded Advertising Enterprise Project; (3) The project proposal and feasibility research report formulated by the investor; (4) The registration certification of the investor; (5) The credit-standing certification of the investor; and (6) The articles of association for the establishment of the foreign-funded advertising enterprise. Article 16 Where a foreign-funded advertising enterprise files an application for establishing a branch, it shall submit the following documents (1) The application of a foreign-funded advertising enterprise for establishing a branch; (2) The resolution of the board of directors; (3) The annual audit report on advertising operations; (4) The Enterprise Business License; (5) The business place certification; and (6) The enterprise’ capital verification report. Article 17 After establishing a foreign-funded advertising enterprise, it shall, if any of the following circumstances occurs, report for approval (1) Modifying a partner or transferring equity; (2) Modifying the scope for advertising business; or (3) Modifying the registered capital. Article 18 while establishing an advertising enterprise, a foreign investor may entrust a qualified agency to handle the application formalities Article 19 All the documents required to submit according to the present Provisions shall be expressed in Chinese. Article 20 Where a foreign investor who invests in advertising industry by merging a domestic advertising enterprise, he shall handle the formalities Article 21 Where investors from Hong Kong, Macao and Taiwan establish advertising enterprises in the Mainland of China, they shall handle the Article 22 Where a foreign-funded enterprise files an application for increasing advertising business, it shall handle the formalities by referring Article 23 Foreign investors are allowed to hold majority equity as of the promulgation date of the present Provisions, which shall be not more Article 24 The responsibility to interpret the present Provisions shall remain with the SAIC and the Ministry of Commerce. Article 25 The present Provisions shall come into effect as of the promulgation. Some Provisions on the Establishment of Foreign-funded Advertising Attachment: With a view to promoting the establishment of Hong Kong and Mainland and Macao and Mainland closer economic partnership, encouraging 1. As of January 1st, 2004, Hong Kong service providers and Macao service providers are allowed to establish wholly-funded advertising 2. Hong Kong service providers or Macao service providers shall meet the definition of “the service providers” and other relevant 3. A Hong Kong service provider or Macao service provider shall be a legal person engaging in advertising operations (including the 4. Where any other provisions on investments in the Mainland advertising industry made by Hong Kong service providers and Macao service |
State Administration for Industry and Commerce, Ministry of Commerce
2004-03-02