Procedures
for Establishing a Foreign Enterprise Representative Office in Beijing
1. Conditions for establishment
In accordance with the laws
and regulations of the People's Republic of China foreign traders, manufactures,
shipping agents, economic organizations and groups can apply to Beijing
Municipal Foreign Economic and Trade Commission (BMFETC) for examination
and approval to set up resident representative office at least one year
after the creation of the organization. Beijing Foreign Investment Service
Center (hereinafter referred to as "the Center") is authorized
by the BMFETC to accept applications from the above-mentioned organizations
and to act as an agent to help them go through examination and approval
procedures. The scope of activities of the established representative
office is limited to: making business contacts, product introduction,
market survey, technology exchange, etc. Direct business activities are
not allowed.
2. Documents required and the procedures
- Application for setting up the organization.
The application shall include the background of the enterprise, business
situation, purpose of the organization, scope of business, duration
of operation. Application shall be signed by the chairman of the board
of directors or the general manager and shall bear the enterprise
seal (the original application shall be submitted)
- The credentials of the chief representative
and the representatives. The document shall be submitted in form of
the certificate of authorization signed by the chairman of the board
of directors or the general manager (the original documents shall
be submitted)
- The legal document sanctioning the operation of the foreign enterprise
issued by the authorities of the country or the region in which the
enterprise operates (a copy of the document shall be submitted). Enterprises
from Hong Kong SAR and Macau SAR shall also deliver the copy of the
certificate of registration and the copy of the valid business registration
certificate. Enterprises from Taiwan and USA shall submit the copy
of the articles of association in addition to the legal document sanctioning
the operation.
- A capital credibility document such as a letter of reference, issued
by the bank of the country or region where the enterprise resides.
The document shall state clearly: the date the organization opened
the account and its reputation since. The bank letter of reference
shall be signed by the person in charge or business manager of the
bank (the original of the document shall be submitted).
- Detailed, specific and true resumes of the chief representative
and other representatives, specifying the education and the professional
experience. In the professional experience section the employment
accounted for must be without interruption. Four black and white photographs
of each representative are required (Chinese standard two inches size).
- Identity documents for the representatives. Representatives of
foreign nationality shall submit the copy of the passport; compatriots
from the Hong Kong SAR and Macao SAR shall submit the copies of the
returning home certificate and permanent residence cards; compatriots
from Taiwan shall submit the copies of the identity document and the
Taiwan compatriot certificate; Chinese mainland residents acting as
the enterprise chief representatives or representatives shall first
obtain the permission from the government assigned bureau (the procedures
can be undergone in the Center) Chinese mainland residents shall also
present a letter certifying employment.
- The copy of the rent agreement for the representative office. The
office can be located only in the office building or a hotel designated
by the government for lease to the foreign companies. Leasing period
for the office shall be at least one year. Shall the approval authority
require it, the documents certifying that the building is designated
for lease to the foreign companies shall be presented.
- The declaration form concerning the staff and the set up of the
representative office (the form can be obtained from the Center and
the Center can assist in filling them in).
- Documents in English shall be accompanied by a Chinese translation
- When establishing the representative office, if the chief representative
cannot appear in person in the BMFETC to receive the approval certificate
for the representative office, he/she shall issue the authorization
letter for the person coming to receive the document.
After all above-mentioned documents are
submitted and a service fee of 800 USD is paid, the Center will start
the preliminary examination. The procedures will be handled by the Center
advisory department and the following documents will be obtained: certificate
of approval from BMFETC, Beijing Industrial and Commerce Bureau registration
certificate, representative registration certificate. The time for all
the documents to be issued and for all procedures is 6 weeks. The fee
to register with the Beijing Industrial and Commercial Bureau is 601
RMB.
3. Other Procedures
After receiving the Industrial and Commercial
registration certificate, the organization must undergo the below listed
procedures (Except for item nr 8 the cost of each of the procedures
is 850 RMB not including the fees collected by the government authorities
concerned).
- Register in the Public Security Bureau and receive
an official chop.
- Register for the code certificate in the Technological
Supervision Bureau
- Register in the Local Foreign Exchange Control Bureau
and apply for opening of a foreign currency account
- Open the accounts in the bank (foreign currency
account and RMB account)
- Register in the Local Tax Bureau
- Register in the State Taxation Bureau
- Register with the customs authorities
- Undergo procedures to employ the Chinese staff
- Apply to Labor Bureau to receive the labor permits
for foreign staff
- Apply to Public Security Bureau to receive the residence
permits and multiple entry visas for foreign staff
In procedures 9, 10 five photos (Chinese
standard two inches size) shall be submitted for each applying person.
4. Procedures for change and extension
of validity
- After the representative office has began its operations all relevant
changes (changes of name of organization, address, scope of business,
chief representative and other representatives) shall be reported
to the Center with one month advance and the change procedures shall
be undergone.
- The validity of the approval certificate for the resident representative
office of foreign enterprises is three years. Shall the extension
be required the organization shall report it to the Center three months
in advance.
- The validity of the registration certificate for the representative
office is one year. In order to extend its validity the organization
shall apply to the Center one month in advance.
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