I. Legal Basis
(I) Article 189 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) specifies: Examination and Approval of the Establishment, by Foreign Non-enterprise Economic Organizations, of Resident Representative Offices in China.
(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.
(III) Item 3 of the Catalog of Projects Subject to Administrative Examination and Approval at Administration Level as Decided by the State Council under the Decisions of the State Council on Cancelling and Decentralizing Administration Level of the Fifth Batch of Projects Subject to Administrative Examination and Approval (Guo Fa [2010] No.21): Examination and Approval of the Establishment, by Foreign Non-enterprise Economic Organizations, of Resident Representative Offices in China.
II. Application Requirements
Foreign non-enterprise economic organizations.
III. Application Materials
(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 or representatives), business scope, residence period and office address;
2. the lawful registration certificate issued by relevant authority of the country where the organization is located (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); and
5. the Form of Declaration for Establishment of the Resident Representative Office by a Foreign Non-enterprise Economic Organization and the Form of Declaration for Personnel of the Resident Representative Office of a Foreign Non-enterprise Economic Organization filled in (sample forms may be downloaded from the website of the Sichuan Electronic Government Hall or got at the Window for the Department of Commerce of the Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center).
(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 Non-enterprise Economic Organization filled in (the form may be downloaded from the website of the Sichuan Electronic Government Hall 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 submit the aforesaid application materials to the Sichuan Provincial Department of Commerce via an intermediary agency designated by the Ministry of Commerce;
(II) The Sichuan Provincial Department of Commerce will conduct the examination and approval within 3-5 working days; and
(III) The intermediary agency gets handling result.
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. Certificates Required for Examination and Approval
The Certificate of Approval of the Resident Representative Office of a Foreign (an Overseas) Non-enterprise Economic Organization in Sichuan or the Certificate of Approval of Extension for the Resident Representative Office of a Foreign (an Overseas) Non-enterprise Economic Organization in Sichuan
VIII. Quantitative Restriction
None.
IX. Contact Information
(I) Tel.: Window for the Department of Commerce (028) 86936855 86918020
(II) Online affairs-handling halls
Sichuan Electronic Government Hall: dzzwdt.sc.gov.cn
Sichuan Government Affairs Service Hall: egov.sczw.gov.cn
(III) Complaints hotlines
For Sichuan administrative efficiency: 028-96960
For Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center: 028-86936179
For Sichuan Provincial Department of Commerce: (028) 83220487 83221124
X. Matters Needing Attention
A foreign non-enterprise economic organization newly established refers to an organization lawfully established in a foreign region, engaged in activities such as economic activities, trade and investment cooperation (except any organization with the business scope thereof covering education, science and technology, culture, health, sports, environmental protection, charity or public welfare undertakings), and being not a company, enterprise or foundation in terms of name and the form or organization.
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