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外商投资广告企业管理规定 Administration of Foreign-invested Advertising Enterprises Provisions

2006-05-12 21:57   我要纠错 | 打印 | 收藏 | | |

国家工商行政管理总局、商务部令第8号

(Promulgated by the State Administration for Industry and Commerce and the Ministry of Commerce on 2 March 2004 and effective as of date of promulgation.)

颁布日期:20040302  实施日期:20040302  颁布单位:国家工商行政管理总局、 商务部

  Article 1 These Provisions are formulated in accordance with laws and administrative regulations regarding administration of foreign investment and advertising in order to strengthen administration of foreign-invested advertising enterprises and promote the healthy development of the advertising industry.

  Article 2 For the purposes of these Provisions, the term “foreign-invested advertising enterprises” shall refer to Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures (Sino-foreign equity joint ventures and Sino-foreign cooperative joint ventures shall here and hereinafter collectively be referred to as Sino-foreign Advertising Joint Ventures), and wholly foreign-owned advertising enterprises.

  Article 3 The establishment of foreign-invested advertising enterprises must abide by these Provisions as well as the relevant laws, regulations and rules such as the PRC, Sino-foreign Equity Joint Venture Enterprise Law, the PRC, Sino-foreign Co-operative Joint Venture Enterprise Law, the PRC, Wholly Foreign-owned Enterprise Law, the PRC, Advertising Law, the Administration of Advertising Regulations and the Intelligence Standards for Advertising Operators and Advertising Disseminators and Checking and Ratification of Phraseology Standards Within Advertising Operations.

  Article 4 The project proposals and feasibility study reports of foreign-invested advertising enterprises shall be examined and approved by the State Administration for Industry and Commerce and its authorized administrations for industry and commerce at the provincial level. The contracts and articles of association of foreign-invested advertising enterprises shall be examined and approved by the Ministry of Commerce and its authorized departments in charge of commerce at the provincial level.

  Article 5 Foreign-invested advertising enterprises that fulfil the stipulated conditions may engage in the design, production, dissemination and agency of various types of domestic and foreign advertising businesses upon approval. The specific business scope shall be verified and determined by the State Administration for Industry and Commerce and its authorized administrations for industry and commerce at the provincial level in accordance with the Intelligence Standards for Advertising Operators and Advertising Disseminators and Checking and Ratification of Phraseology Standards Within Advertising Operations.

  Article 6 The establishment of a Sino-foreign Advertising Joint Venture shall be handled in accordance with the following procedures:

  1. The major Chinese party to the joint venture shall submit the documents specified in Article 12 to the administration for industry and commerce with the authority to verify and approve registration of foreign-invested enterprises at the place where it is located, which shall issue an opinion after preliminary examination and report the same to the administration for industry and commerce at the provincial level authorized by the State Administration for Industry and Commerce for examination and approval, or pass on the same to the administration for industry and commerce of the province, autonomous region, municipality directly under the central government or city with independent development plans for verification, and submit the same to the State Administration for Industry and Commerce for examination and approval.

  The State Administration for Industry and Commerce and its authorized administration for industry and commerce at the provincial level shall render a decision on whether or not to grant consent within 20 days of the receipt of all submitted documents.

  2. After the issuance of an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level, the major Chinese party to the joint venture shall submit the documents specified in Article 13 to the department in charge of commerce at the provincial level of the place where the enterprise is to be established, and an “Approval Certificate for a Foreign-invested Enterprise” shall be issued after examination and approval of the department in charge of commerce at the provincial level. Where approval is not granted, the reasons therefor shall be stated in writing.

  3. The major Chinese party to the joint venture shall, on the strength of the “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level, the “Approval Certificate for a Foreign-invested Enterprise” issued by the department in charge of commerce at the provincial level and other documents stipulated in laws and regulations, handle the procedures for registration of the enterprise with the State Administration for Industry and Commerce or the local administration for industry and commerce with the authority to verify and approve registration of foreign-invested enterprises in accordance with the relevant provisions on enterprise registration.

  Article 7 The establishment of a wholly foreign-owned advertising enterprise shall be handled in accordance with the following procedures:

  1. The foreign investor shall submit the documents specified in Article 14 to the State Administration for Industry and Commerce.

  The State Administration for Industry and Commerce shall render a decision on whether or not to grant consent within 20 days of the receipt of all submitted documents.

  2. After the issuance of an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” by the State Administration for Industry and Commerce, the foreign investor shall submit the documents specified in Article 15 to the department in charge of commerce at the provincial level of the place where the enterprise is to be established, and the department in charge of commerce at the provincial level shall issue an opinion after preliminary examination within 20 days and report the same to the Ministry of Commerce for examination and approval.

  The Ministry of Commerce shall render a decision on whether or not to grant consent within 20 days of the receipt of all submitted documents. Upon examination and approval, an “Approval Certificate for a Foreign-invested Enterprise” shall be issued.

  3. The foreign investor shall, on the strength of the “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce, the “Approval Certificate for a Foreign-invested Enterprise” issued by the Ministry of Commerce, and other documents stipulated in laws and regulations, handle the procedures for registration of the enterprise with the State Administration for Industry and Commerce in accordance with the relevant provisions on enterprise registration.

  Article 8 Applications for establishment of branches of foreign-invested advertising enterprises shall be handled in accordance with the following procedures:

  1. The foreign-invested advertising enterprise shall submit the documents specified in Article 16 to the department in charge of commerce at the provincial level and the administration for industry and commerce at the provincial level of the place where it is located respectively;

  2. The local department in charge of commerce at the provincial level shall render a decision on whether or not to grant approval after seeking the opinion of the administration for industry and commerce at the same level. Where it grants approval, it shall at the same time forward copies of the approval documents to the department in charge of commerce at the provincial level and the administration for industry and commerce at the provincial level of the place of establishment. Where it refuses to grant approval, the reason therefor shall be stated in writing.

  3. The foreign-invested advertising enterprise shall, on the strength of the approval documents for establishment of a branch and other documents stipulated in laws and regulations, handle procedures for registration of the branch with the administration for industry and commerce with the authority to verify and approve registration of foreign-invested enterprises of the place where the branch is to be established.

  Article 9 To establish a Sino-foreign Advertising Joint Venture, the following conditions shall be fulfilled in addition to fulfilling the conditions stipulated in relevant laws and regulations:

  1. all parties to the joint venture shall be enterprises that engage in advertising business;

  2. all parties to the joint venture shall have been established and in operation for over two years; and

  3. have business performance in advertising.

  Article 10 To establish a wholly foreign-owned advertising enterprise, the following conditions shall be fulfilled in addition to fulfilling the conditions stipulated in relevant laws and regulations:

  1. the investing party shall be an enterprise that operates advertising business as main business; and

  2. the investing party shall have been established and in operation for over three years.

  Article 11 A foreign-invested advertising enterprise applying to establish a branch shall fulfil the following basic conditions:

  1. the registered capital shall be fully paid up; and

  2. the annual advertising business volume shall not be less than Rmb 20 million.

  Article 12 To apply to establish a Sino-foreign Advertising Joint Venture, the major Chinese party to the joint venture shall submit the following documents to the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level in accordance with the procedures stipulated in Article 6:

  1. an application for establishment of Sino-foreign Advertising Joint Venture;

  2. a notice of the preliminary approval of the enterprise name;

  3. resolution of the shareholders' meeting (board of directors) of the parties to the joint venture;

  4. a project proposal for the establishment of a Sino-foreign Advertising Joint Venture and a feasibility study report jointly prepared by all parties to the joint venture;

  5. registration certificate of all parties to the joint venture;

  6. proof of creditworthiness of all parties to the joint venture;

  7. advertising administration system; and

  8. an opinion after preliminary examination of the local administration for industry and commerce.

  Article 13 To apply to establish a Sino-foreign Advertising Joint Venture, the following documents shall be submitted to the department in charge of commerce at the provincial level in accordance with the procedures stipulated in Article 6:

  1. an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level;

  2. the contract and the articles of association for the establishment of a foreign-invested advertising enterprise;

  3. the feasibility study report for the project;

  4. registration certificate of all parties to the joint venture;

  5. proof of creditworthiness of all parties to the joint venture;

  6. a notice of the preliminary approval of the enterprise name;

  7. the name list of the board of directors of the joint venture and the instrument of appointment of directors of all parties to the joint venture; and

  8. an opinion after preliminary examination of the local department in charge of commerce.

  Article 14 To apply to establish a wholly foreign-owned advertising enterprise, an investor shall submit the following documents to the State Administration for Industry and Commerce in accordance with the procedures stipulated in Article 7:

  1. an application for establishment of a foreign-invested advertising enterprise;

  2. resolution of the shareholders' meeting (board of directors) of the investor;

  3. project proposal and feasibility study report prepared by the investor;

  4. registration certificate of the investor;

  5. proof of creditworthiness of the investor; and

  6. a notice of the preliminary approval of the enterprise name.

  Article 15 To apply to establish a wholly foreign-owned advertising enterprise, a foreign investor shall submit the following documents to the Ministry of Commerce in accordance with the procedures stipulated in Article 7:

  1. an application for establishment of a foreign-invested advertising enterprise;

  2. an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce;

  3. project proposal and feasibility study report prepared by the investor;

  4. registration certificate of the investor;

  5. proof of creditworthiness of the investor; and

  6. the articles of association for establishment of a wholly foreign-owned advertising enterprise.

  Article 16 A foreign-invested advertising enterprise applying to establish a branch shall submit the following documents to the department in charge of commerce at the provincial level and the administration for industry and commerce at the same level in accordance with the procedures stipulated in Article 8:

  1. an application for establishment of a branch of a foreign-invested advertising enterprise;

  2. resolution of the board of directors;

  3. an annual audit report of its business performance in advertising;

  4. the business licence of the enterprise;

  5. proof of business premises; and

  6. the capital contribution verification report of the enterprise.

  Article 17 If, after a foreign-invested advertising enterprise has been established, it is in any of the following circumstances, it shall separately report for approval in accordance with the procedures stipulated in Articles 6 and 7 hereof and handle amendment of registration of enterprise:

  1. change in a party to the joint venture or transfer of equity;

  2. change in the scope of advertising business; or

  3. change in the registered capital.

  Article 18 Foreign investors investing in and establishing advertising enterprises may entrust an intermediary service agency with the corresponding qualifications to handle application procedures on their behalf.

  Article 19 All documents submitted in accordance with these Provisions shall be written in Chinese.

  Article 20 Investment in the advertising industry through merger and acquisition of domestic advertising enterprises shall be handled in accordance with the relevant provisions regarding merger and acquisition of domestic enterprises by foreign investors and these Provisions.

  Article 21 Investment in and establishment of advertising enterprises in the mainland by investors from Hong Kong, Macao and Taiwan regions shall, mutatis mutandis, be handled in accordance with these Provisions.

  Article 22 Applications for increase in advertising business operations of foreign-invested enterprises shall, mutatis mutandis, be handled in accordance with these Provisions.

  Article 23 Beginning from the date of implementation of these Provisions, foreign investors are permitted to own majority equity in Sino-foreign Advertising Joint Ventures, but the equity ratio may not exceed 70%. Beginning from 10 December 2005, the establishment of wholly foreign-owned advertising enterprises shall be permitted.

  Article 24 The State Administration for Industry and Commerce and the Ministry of Commerce shall be responsible for interpreting these Provisions.

  Article 25 These Provisions shall be implemented as of the date of promulgation. The Establishment of Foreign-invested Advertising Enterprises Several Provisions (gong shang guang zi [1994] No. 304) promulgated by the State Administration for Industry and Commerce and the Ministry of Foreign Trade and Economic Cooperation shall be repealed simultaneously. Other documents that conflict with these Provisions shall simultaneously become ineffective.

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