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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 

  1. 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)
  2. 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)
  3. 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.
  4. 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).
  5. 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).
  6. 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.
  7. 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.
  8. 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).
  9. Documents in English shall be accompanied by a Chinese translation
  10. 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).

  1. Register in the Public Security Bureau and receive an official chop. 
  2. Register for the code certificate in the Technological Supervision Bureau 
  3. Register in the Local Foreign Exchange Control Bureau and apply for opening of a foreign currency account 
  4. Open the accounts in the bank (foreign currency account and RMB account) 
  5. Register in the Local Tax Bureau 
  6. Register in the State Taxation Bureau 
  7. Register with the customs authorities 
  8. Undergo procedures to employ the Chinese staff 
  9. Apply to Labor Bureau to receive the labor permits for foreign staff 
  10. 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

  1. 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. 
  2. 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. 
  3. 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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