laws & regulations

Procedures for Foreign Enterprises to Establish Resident Representative Office in Beijing

Foreign traders, manufacturers, shipping agents, economic organizations and other groups shall report, according to their nature of the business, to the Ministry of Foreign Trade and Economic Cooperation (Moftec) or other relevant ministries, committees or bureaus which are authorized for the examination and approval of the set-up of resident offices. Proxy authorized by Moftec and Beijing Foreign Economic Relations and Trade Commission will go through the examination and approval procedures for the above mentioned companies. The business activities of the established institutions can only be within the range of business connection, products introduction, marketing, technology exchange and consulting service and etc. Direct business activities are prohibited.

Documents Required and Necessary Procedures

(1) Application for setting up the office: The application shall include background of the enterprise, business conditions, purpose of the office to be established, name of the office, person in charge, scope of business, location and operational term. Application shall be signed by the chairman or president of the enterprise together with the enterprise's seal. (original)

(2) A certificate of authorization to the representative accredited to the office issued by the chairman or president of the enterprise. (original)

(3) Copy of certificate of legal operation or copy of certificate of registration provided by the proper authorities of the country or region where the enterprise comes.

(4) Bank reference provided by the bank of the country or region where the enterprise comes: The bank reference, to be signed by the person in charge or business manager of the bank, shall state clearly the enterprise's registered capital and present amount of deposit, as well as the reputation of its flexing capitals after the opening of the account. (original)

(5) Resume of representative accredited to the office. The resume , including both educational and working background, should be detailed, specific and true. Disconnection is not allowed. Two photographs of each representative are required.

(6) Identification paper of the representatives. For representatives of foreign nationality, copy of passport of the country he holds should be submitted. For compatriots from Hong Kong and Macao, copy of certification for his returning to his hometown and permanent resident identification should be submitted. If a domestic personnel is to take the post of representative or chief representative, approval and identification from Beijing Foreign Enterprise Service Corporation (FESCO) are needed..

Procedures of registration with Administration for Industry and Commerce

Within 30 days after receiving of approval certificate, the chief representative of the office shall go through registration procedures with the Administration for Industry and Commerce, with one copy of original and one duplicate approval certificate, copies of submitted documents (each two copies), a copy of rent agreement for office site and three photographs of the chief representative.

Other Procedures Go through the following procedures after obtaining certificate of industrial and commerce registrations

-- Opening an account with the Bank of China
-- Customs procedures for importing office equipment and daily necessities
-- Registration for taxation with Foreign Section of Beijing Municipal Taxation Bureau
-- Procedures to employ Chinese personnel through FESCO
-- Apply for permanent residence of representative of foreign nationality in Beijing Public Security Bureau.
-- Procedures for Change and Extension of the Enterprise
-- To change any registered items (e.g. name of the office, location, scope of business), or when the expiration date of the registration certificate is imminent, the office should immediately report to the registration authorities for relevant procedures. The validity of resident representative offices of foreign enterprises is three years for each approval. In case of extension, the office should report to its proxy three months ahead of the expiration date for the extension applying procedure.

Z-type Visa

* Z-type visa is granted to foreigner with permission to work in China .

* Z-type visa holder should, within 30 days after the entry, apply for the foreigner residence certificate or the provisional foreigner residence certificate.

*Z-type visa could be signed valid for twice or multiple entries.

* The certificate for invitation or employment from a Chinese employer, or the letter or telex of visa notification sent by the authorized unit is needed when applying for Z-type visa.

* Foreigner applying for more-than-one-year residence in China should submit a health certificate issued by the medical and health department designated by the government of his own country. The health certificate will be valid for six months starting from the day of issuance.

Guide for the Employment of Foreigner in China

Foreigners who have not been issued residence certificate and those who are under study or interim programs in China shall not work in China without the approval by the competent authorities.

( Holders of F, L, G, J-2 or C- type visas shall not work or seek a job in China without the approval of the personnel administration department.)

Foreigner with permission to work in China should apply for Z or J-1-type visa at the Chinese embassies, consulates and visa offices,bringing with them the invitation or employment certificate sent by the Chinese employer, or the letter or telex of visa notification sent by the authorized unit. They should apply for the foreigner residence certificate at the local public security organ within 30 days after the entry.

Foreigners who settle down in China and those with permanent residence certificate shall work or seek a job in China.

Foreign employee should carry the labor contract with his Chinese employer, and should not change his employer or profession at will.

Foreign employee should submit another application and go through formalities for a new employment license when he wants to seek a new job upon the expiration of the term of the labor contact with his employer; otherwise, the new job will be regarded as illegal.

Foreign employee should go through alternation formalities at the public security organs when he changes employer after the termination of a labor contract, bringing with him the certificates of new employment and termination of the former one.

For foreigners who work without the employment permit, the administrative department of the public security organs in charge of the entry and exit of aliens is authorized to terminate the employment and impose a fine of under 1,000 RMB Yuan. In serious cases, the public security organs shall force the foreigners to leave within a definite time.

Procedures for Foreign Employees in Foreign-Funded Enterprises to Apply for Residence Certificate and Visa

. Documents Required:

(1 ) Application Form for Examination and Approval of Visa or Residence for Foreign Employees and Employees from Hong Kong, Macao and Taiwan in Foreign-Funded Enterprises (hereinafter referred to as Application Form.)

Fill in the Application Form clearly correctly without any obliteration.
Make clear the type of visa or certificate applying for in the column entitled "Visa or Certificate Applying for" and the name of the position to be appointed in the column entitled "Professional Title"
The Application Form shall be examined and approved by Beijing Foreign Economic Relations and Trade Commission.
For foreign-funded enterprises subordinate to ministries or commissions of the central authorities, an official letter from the competent authorities at higher level is required.

(2) Copy of the approval certificate for Sino-overseas joint ventures or Sino-overseas co- operative enterprises

(3) Copy of the business license of legal person for enterprises in the People's Republic of China

(4) Copy of the certificate of appointment

(5) Two bareheaded, full-face photographs

(6) Health certificate issued by Beijing Sanitation and Quarantine Bureau

(Address: No. 20 Hepingli North Street, Andingmenwai, Beijing Phone: 010-64216273)

(7) For foreign employees to reside at dormitory of the foreign-funded enterprises, an approval certificate issued by the public security organ at the prefecture and city level where the said employer is located is necessary for applying for a residence certificate.

When applying for multiple entry visa, foreign employees in foreign-funded enterprises shall bring with them valid passport, residence certificate and the Application Form.

Procedures for Resident Representatives of Foreign Enterprises to Apply for Residence Certificate

Foreign employee working for resident representative office of foreign enterprises and his families shall apply for the foreigner residence certificate or the provisional foreigner residence certificate during their stay in China.

(1) Apply for Z-type visa at the Chinese embassies, consulates or other authorized unit before coming to China.
(2) Apply within thirty days after the entry, for residence certificate with the Foreign Section of Beijing Public Security Bureau.
(3) Documents required when applying for residence certificate:

a) Valid passport and Z-type visa;
b) Copy of the approval certificate for foreign enterprises to establish resident representative office in China; Copy of registration certificate, issued by the Administration for Industry and Commerce, for foreign enterprises to establish resident representative office in China; Identification card of foreign enterprises resident representative office in China.
c) Two bareheaded, full-face photographs
d) Health certificate (for 16-year- old above) issued by Beijing Sanitation and Quarantine Bureau
e) Application form for foreigner residence certificate signed by the applicant or with the seal of the resident representative office.
f) Foreign employee's families, when applying for residence, shall bring with the said employee's residence certificate.

Valid passport and residence certificate shall be submitted when applying for multiple entry visa or residence extension.

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