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外商投资图书、报纸、期刊分销企业管理办法(修正)Administration of Foreign-invested Books, Newspapers and Periodicals Distrib

2009-03-24 法律英语 来源:互联网 作者:
o grant its approval, and the press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government shall notify the applicant in writing. Where the application is not approved, it shall state the reasons therefor.

  Article 12 After the applicant has received the approval document of the press and publication administrative department of the State Council, it shall submit an application to the local foreign trade and economic cooperation administrative department of the province, autonomous region and municipality directly under the central government according to the relevant laws and regulations, and submit the following documents:

  1. the application documents and the approval document of the press and publication administrative department of the State Council stipulated in Article 11 hereof;

  2. the contract for and articles of association of the foreign-invested books, newspapers and periodicals distribution enterprise signed by the legal representatives of all investors or their authorized representatives;

  3. the list of members of the board of directors and the documentary proof of the foreign-invested books, newspapers and periodicals distribution enterprise to be established;

  4. the advance approval notice of the enterprise name issued by the industry and commerce administrative department; and

  5. other documents stipulated in laws and regulations.

  The foreign trade and economic cooperation administrative department of provinces, autonomous regions and municipalities directly under the central government shall, within 15 working days of the date of receipt of the application and the relevant documents, state an examination and verification opinion, and submit the same to the State Council's Foreign Trade and Economic Cooperation Administrative Department for examination and approval.

  Article 13 Where a foreign trade and economic cooperation administrative department of a province, an autonomous region and municipality directly under the central government submits an applica

tion of foreign-invested books, newspapers and periodicals distribution enterprise to the State Council's Foreign Trade and Economic Cooperation Administrative Department, it shall submit the following documents:

  1. the application documents stipulated in Article 12 hereof;

  2. the examination and verification opinion of the foreign trade and economic cooperation administrative department of provinces, autonomous regions and municipalities directly under the central government; and

  3. other documents stipulated in laws and regulations.

  The State Council's Foreign Trade and Economic Cooperation Administrative Department shall, within 30 working days of the date of receipt of all the required documents, render a written decision on whether to grant its approval. Where the application for establishment is approved, it shall issue a Foreign-invested Enterprise Approval Certificate.

  Article 14 The applicant of a foreign-invested books, newspapers and periodicals distribution enterprise shall, within 90 days after it has been approved, obtain the Publication Business Permit from the press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government on the strength of the approval document and the Foreign-invested Enterprise Approval Certificate. The applicant may engage in books, newspapers and periodicals distribution business only after it has obtained a business licence from the local industry and commerce administrative department according to law on the strength of the Publication Business Permit and the Foreign-invested Enterprise Approval Certificate.

  Article 15 Where a foreign-invested books, newspapers and periodicals distribution enterprise approved to be established applies for changing the investor, registered capital, total amount of investment, scope of business or term of operation, it shall handle the relevant amendment procedures and registration procedures according to Articles 10, 11, 12, 13 and 14 hereof.

  Where there are changes to other matters of a foreign-invested books, newspapers and periodicals distribution enterprise, the enterprise shall apply to the State Council's Foreign Trade and Economic Cooperation Administrative Department for approval or record filing according to the provisions on foreign-invested enterprises. Where a foreign-invested books, newspapers and periodicals distribution enterprise changes its enterprise name, domicile, legal representative, principal responsible person or terminates business activities upon expiration of the term of operation, it shall apply to the local press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government for record filing within 30 days.

  Article 16 Where the term of operation of a foreign-invested books, newspapers and periodicals distribution enterprise has expired and an extension is indeed necessary, the enterprise shall submit an application to the State Council's Foreign Trade and Economic Cooperation Administrative Department 180 days prior to the expiration of the term of operation. The State Council's Foreign Trade and Economic Cooperation Administrative Department shall, within 30 days of the date of receipt of the application, render a written decision on whether to grant its approval. Where the application is approved, it shall file a record with the local press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government within 30 days.

  Article 17 These Procedures shall apply to the establishment of books, newspapers and periodicals distribution enterprises by investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region in other provinces, autonomous regions and municipalities directly under the c

entral government.

  Article 18 Where a foreign-invested books, newspapers and periodicals distribution enterprise engages in businesses such as online sale, chain operation and readers' clubs, it shall handle the examination and approval procedures in accordance with Articles 7 to 14 hereof.

  Article 19 These Procedures shall be implemented as of 1 May 2003.

  The provisions on establishment of foreign-invested books, newspapers and periodicals wholesale enterprises herein shall be implemented as of 1 December 2004

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