Step 1: Application
for Establishment
An investor interested in establishing a
foreign-invested commercial enterprise or a foreign-invested
commercial enterprise interested in setting up shop should
submit the required application documents to the provincial
commerce authorities at the place where the foreign-invested
commercial enterprise is registered.
Step 2:
After making a preliminary examination of the submitted
documents, the provincial commerce authorities would forward
the application to the Ministry of Commerce within one month
from the receipt of all the application documents.
The Ministry of Commerce should decide whether or not to
approve the application within three months from the receipt
of all the application documents and should issue an
Approval Certificate for Foreign-invested Commercial
Enterprises to the successful applicant.
Provided that all the conditions are met and that the
scope of business does not involve commodities such as TV,
telephone set, mail-order, Internet, vending machines,
books, newspapers, periodicals, refined oil products,
pharmaceuticals or automobiles, applications from retail
foreign-invested commercial enterprises for setting up shop
in areas within the provincial jurisdiction of the place
where they are located may be examined and approved by the
respective provincial commerce authorities. The applications
would then be reported to the Ministry of Commerce for the
record.
Conditions:
-
The business area of any single shop should not
exceed 5,000 sqm and the number of shops not
exceeding three, while similar shops set up by the
foreign investor through its foreign-invested
commercial enterprise across China should not total
more than 30;
-
The business area of any single shop should not
exceed 3,000 sqm and the number of shops not
exceeding five, while similar shops set up by the
foreign investor through its foreign-invested
commercial enterprise across China should not total
more than 50.
-
For single shops, the business area should not
exceed 300 sqm.
Step 3: Application for Registration
The investor should produce the Approval Certificate for
Foreign-invested Commercial Enterprises and apply to the
administration for industry and commerce for registration
within one month upon receipt of the approval certificate.
Documents Required for Applying for Foreign-invested
Commercial Enterprise Establishment:
Application letter; feasibility study report jointly signed
by all the investors; contract and articles of association
(contract only for foreign commercial enterprises) complete
with appendices; bank credit reports, registration
certificate (photocopy), proofs of statutory representatives
(photocopy), and identification papers (for individual
foreign investors only) for each of the investors; audit
reports by accounting firms for the latest year on each of
the investors; assessment reports on state assets for
Chinese investors intending to enter into a Sino-foreign
equity or contractual JV commercial enterprise; catalogue of
import and export commodities of the proposed
foreign-invested commercial enterprise; list of directors of
the proposed foreign-invested commercial enterprise and
appointment letters for directors from each of the
investors; notification of pre-approval of enterprise name
from the administration for industry and commerce; proofs of
right to use the land on which the proposed shops are to be
set up (photocopy) and/or tenancy agreement (photocopy)
except for shops with a business area of less than 3,000 sqm;
documents indicating compliance with urban development and
urban commercial development requirements issued by the
local commerce authorities at the places where the shops are
to be set up.
Documents Required for Setting up Shops by Foreign-invested
Commercial Enterprises:
Application letter; new contract and articles of
association, if revised; feasibility study report on setting
up shops; resolution of the board of directors to set up
shops; audit report for the latest year by an accounting
firm; credit report on the enterprise (photocopy); proofs of
registration (photocopy) and proofs of statutory
representatives (photocopy) from each of the investors;
proofs of right to use the land on which the proposed shops
are to be set up (photocopy) and/or tenancy agreement
(photocopy) except for shops with a business area of less
than 3,000 sqm; documents indicating compliance with urban
development and urban commercial development requirements
issued by the local government at the places where the shops
are to be set up.
