外商投资广告企业管理规定 Administration of Foreign-invested Advertising Enterprises Provisions

国家工商行政管理总局、商务部令第8号

（Promulgated by the State Administration for Industry and Commerce and the Ministry of Commerce on 2 March 2004 and effective as of date of promulgation.）

颁布日期：20040302 　实施日期：20040302 　颁布单位：国家工商行政管理总局、 商务部

　　Article 1　These Provisions are formulated in accordance with laws and administrative regulations regarding administration of foreign investment and advertising in order to strengthen administration of foreign-invested advertising enterprises and promote the healthy development of the advertising industry.

　　Article 2　For the purposes of these Provisions， the term “foreign-invested advertising enterprises” shall refer to Sino-foreign equity joint ventures， Sino-foreign cooperative joint ventures （Sino-foreign equity joint ventures and Sino-foreign cooperative joint ventures shall here and hereinafter collectively be referred to as Sino-foreign Advertising Joint Ventures）， and wholly foreign-owned advertising enterprises.

　　Article 3　The establishment of foreign-invested advertising enterprises must abide by these Provisions as well as the relevant laws， regulations and rules such as the PRC， Sino-foreign Equity Joint Venture Enterprise Law， the PRC， Sino-foreign Co-operative Joint Venture Enterprise Law， the PRC， Wholly Foreign-owned Enterprise Law， the PRC， Advertising Law， the Administration of Advertising Regulations and the Intelligence Standards for Advertising Operators and Advertising Disseminators and Checking and Ratification of Phraseology Standards Within Advertising Operations.

　　Article 4　The project proposals and feasibility study reports of foreign-invested advertising enterprises shall be examined and approved by the State Administration for Industry and Commerce and its authorized administrations for industry and commerce at the provincial level. The contracts and articles of association of foreign-invested advertising enterprises shall be examined and approved by the Ministry of Commerce and its authorized departments in charge of commerce at the provincial level.

　　Article 5　Foreign-invested advertising enterprises that fulfil the stipulated conditions may engage in the design， production， dissemination and agency of various types of domestic and foreign advertising businesses upon approval. The specific business scope shall be verified and determined by the State Administration for Industry and Commerce and its authorized administrations for industry and commerce at the provincial level in accordance with the Intelligence Standards for Advertising Operators and Advertising Disseminators and Checking and Ratification of Phraseology Standards Within Advertising Operations.

　　Article 6　The establishment of a Sino-foreign Advertising Joint Venture shall be handled in accordance with the following procedures：

　　1. The major Chinese party to the joint venture shall submit the documents specified in Article 12 to the administration for industry and commerce with the authority to verify and approve registration of foreign-invested enterprises at the place where it is located， which shall issue an opinion after preliminary examination and report the same to the administration for industry and commerce at the provincial level authorized by the State Administration for Industry and Commerce for examination and approval， or pass on the same to the administration for industry and commerce of the province， autonomous region， municipality directly under the central government or city with independent development plans for verification， and submit the same to the State Administration for Industry and Commerce for examination and approval.

　　The State Administration for Industry and Commerce and its authorized administration for industry and commerce at the provincial level shall render a decision on whether or not to grant consent within 20 days of the receipt of all submi

tted documents.

　　2. After the issuance of an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level， the major Chinese party to the joint venture shall submit the documents specified in Article 13 to the department in charge of commerce at the provincial level of the place where the enterprise is to be established， and an “Approval Certificate for a Foreign-invested Enterprise” shall be issued after examination and approval of the department in charge of commerce at the provincial level. Where approval is not granted， the reasons therefor shall be stated in writing.

　　3. The major Chinese party to the joint venture shall， on the strength of the “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level， the “Approval Certificate for a Foreign-invested Enterprise” issued by the department in charge of commerce at the provincial level and other documents stipulated in laws and regulations， handle the procedures for registration of the enterprise with the State Administration for Industry and Commerce or the local administration for industry and commerce with the authority to verify and approve registration of foreign-invested enterprises in accordance with the relevant provisions on enterprise registration.

　　Article 7　The establishment of a wholly foreign-owned advertising enterprise shall be handled in accordance with the following procedures：

　　1. The foreign investor shall submit the documents specified in Article 14 to the State Administration for Industry and Commerce.

　　The State Administration for Industry and Commerce shall render a decision on whether or not to grant consent within 20 days of the receipt of all submitted documents.

　　2. After the issuance of an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” by the State Administration for Industry and Commerce， the foreign investor shall submit the documents specified in Article 15 to the department in charge of commerce at the provincial level of the place where the enterprise is to be established， and the department in charge of commerce at the provincial level shall issue an opinion after preliminary examination within 20 days and report the same to the Ministry of Commerce for examination and approval.

　　The Ministry of Commerce shall render a decision on whether or not to grant consent within 20 days of the receipt of all submitted documents. Upon examination and approval， an “Approval Certificate for a Foreign-invested Enterprise” shall be issued.

　　3. The foreign investor shall， on the strength of the “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce， the “Approval Certificate for a Foreign-invested Enterprise” issued by the Ministry of Commerce， and other documents stipulated in laws and regulations， handle the procedures for registration of the enterprise with the State Administration for Industry and Commerce in accordance with the relevant provisions on enterprise registration.

　　Article 8　Applications for establishment of branches of foreign-invested advertising enterprises shall be handled in accordance with the following procedures：

　　1. The foreign-invested advertising enterprise shall submit the documents specified in Article 16 to the department in charge of commerce at the provincial level and the administration for industry and commerce at the provincial level of the place where it is located respectively；

　　2. The local department in charge of commerce at the provincia

l level shall render a decision on whether or not to grant approval after seeking the opinion of the administration for industry and commerce at the same level. Where it grants approval， it shall at the same time forward copies of the approval documents to the department in charge of commerce at the provincial level and the administration for industry and commerce at the provincial level of the place of establishment. Where it refuses to grant approval， the reason therefor shall be stated in writing.

　　3. The foreign-invested advertising enterprise shall， on the strength of the approval documents for establishment of a branch and other documents stipulated in laws and regulations， handle procedures for registration of the branch with the administration for industry and commerce with the authority to verify and approve registration of foreign-invested enterprises of the place where the branch is to be established.

　　Article 9　To establish a Sino-foreign Advertising Joint Venture， the following conditions shall be fulfilled in addition to fulfilling the conditions stipulated in relevant laws and regulations：

　　1. all parties to the joint venture shall be enterprises that engage in advertising business；

　　2. all parties to the joint venture shall have been established and in operation for over two years； and

　　3. have business performance in advertising.

　　Article 10　To establish a wholly foreign-owned advertising enterprise， the following conditions shall be fulfilled in addition to fulfilling the conditions stipulated in relevant laws and regulations：

　　1. the investing party shall be an enterprise that operates advertising business as main business； and

　　2. the investing party shall have been established and in operation for over three years.

　　Article 11

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