Does a Foreign ( Regional ) Enterprise establish Representative Office(s) need to go through and obtain pre-approval from all commerce divisions?
Introduction of the new Administrative Regulations and Documents of Commerce Administration Bureau have not specified. That is, the establishment procedures are quite simple. It takes a short time only. But, it is not the case that all industries are not required to apply for pre-approval. The need for pre-approval is based on the industry sector to determine.
1. Approval authority is based on the types of business that the foreign ( regional ) enterprises engaged in. Different ministries undergo the approval process:-
See the table below:
Sectors
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Approval authority
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International road transport , international shipping operations and international maritime auxiliary enterprises
|
Ministry of Communications
|
|
CPA
|
Ministry of Finance
|
|
Law Firm
|
Ministry of Justice
|
|
Financial institutions
|
China Banking Regulatory Commission
|
|
Insurance agencies
|
China Insurance Regulatory Commission
|
|
Air transport enterprise
|
China Civil Aviation Administration
|
|
Tourism
|
China Tourism Bureau
|
|
Accreditation bodies
|
International Import and Export Commodity Inspection Quarantine Bureau
|
|
The State Council Information Office
|
International Press and Publication Administration of Press and Publication agency
|
|
Copyright organizations and rights holders
|
State Press
|
|
Certification body
|
Certification Regulatory Commission
|
|
Radio, Film and Country SARFT
|
the State Council Information Office
|
|
Securities Institutions
|
China Securities Regulatory Commission
|
|
|
|
2. The determination of which approval authority to approve the establishment of Representative Office of Foreign (Regional) Enterprises is based on the types of business activities or industries that it engages in:-
|
Sectors
|
Approval Authority
|
|
Engage in onshore, maritime oil and other mineral resources exploration and development
|
Ministry of Commerce
|
|
Entrusted management contract or foreign-invested enterprises
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The authority approves the charter or contract of the foreign investment enterprise
|
|
Foreign Bank to establish a branch
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China Banking Regulatory Commission
|
|
Foreign company to set up branches
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China Insurance Regulatory Commission
|
|
Foreign oil companies to set up branches in China
|
Proposed by the China National Petroleum Corporation or China National Offshore Oil Corporation and approved by the Ministry of Commerce
|
|
Engaged in other production industries or business activities
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Approved by the respective authorities
|