Regulations and Procedures for Registering Foreign-funded Enterprises within the Authority

1 Scope

The regulations specify the subjects, the basis for handling, the items, the scope of authorization, the materials required, the procedures, the fees and the time needed for registration of foreign-funded enterprises within the authority.

The regulations apply to the registration of newly established foreign-funded enterprises within the authority.

Note: Declared items of restricted industries in the Guidance Catalogue for Foreign Investment Industries, and of foreign investors' acquisition of equity or assets from Chinese companies do not fall within the scope of these Regulations. The rights to interpret that scope belong to the competent authorities of commerce in accordance with current regulations.

2 The Subject

2.1 Service Object

Foreign investors (foreign companies, enterprises, other economic organizations or individuals) and Chinese investors. Registration applications for Chinese-foreign joint ventures or cooperative enterprises should be filed by the Chinese investors.

2.2 Authority of Registration

Guiyang Municipal Bureau of Commerce

2.3 Supervisory Authority

Guiyang Municipal Service Center

3 Basis for Handling

3.1 Law of the People's Republic of China on Companies

3.2 Notice on Issues Concerning the Decentralization of the Examination and Approval Authority for Foreign Investment (Issued by Department of Commerce of Guizhou Province [2010] No. 152)

3.3 Interim Measures for the Administration of Establishment and Modification Registration of Foreign–funded Enterprises (No.3 of the Ministry of Commerce of the People's Republic of China)

3.4 List of Establishment and Modification Registration Institutions for Foreign-funded Enterprises (Issued by the Department of Commerce of Guizhou Province)

3.5 Guidance Catalogue for Foreign Investment Industries (Revised in 2016)

3.6 Catalogue of Advantageous Industries for Foreign Investment in the Central and Western Regions (Revised in 2017)

4 Nature of Items

Administrative confirmation

5 Service Window Extent of Authority

Registration application reception, acceptance, examination, confirmation, and delivery

6 Acceptance Requirements 

The applications shall be in line with the Interim Measures for the Administration of the Establishment and Modification Registration of Foreign–funded Enterprises

Documents required

7.1 Documents

(1) the materials regarding the prior approval for the name of the foreign-funded enterprise, or the business license of the foreign-funded enterprise;

(2) the Letter of Undertaking for Declaring the Registration of Establishment of the Foreign-funded Enterprise signed by all parties (or all Sponsors) of the foreign-funded enterprise or their authorized representative, or the Letter of Undertaking for Declaring the Registration of Modification of the Foreign-funded Enterprise signed by the legal representative of the foreign-funded enterprise or his/her authorized representative;

(3) proof of identity for all investors (or all Sponsors) or for the appointment of the representative or the joint entrustment of the agent by the foreign-funded enterprise, including the power of attorney and proof of identity of the appointee;

(4) proof of identity for the investors or legal representative of the foreign-funded enterprise appointing other persons to sign relevant documents, including the power of attorney and proof of identity of the appointee (not applicable if not appointing other person to sign the relevant documents);

(5) proof of the qualification or identity of the natural persons of the investors (not applicable if the modification is irrelevant to the basic information of the investors);

(6) proof of identity of natural person of the legal representative (not applicable if the modification is irrelevant to the modification of legal representative).

7.2 In the case of a confidential institution, the original and copy of the relevant certification documents of the confidentiality agency shall be provided.

7.3 Requirements

The materials submitted shall conform to the following requirements

(1) the materials regarding the prior approval for the name of the foreign-funded enterprise, or the business license of the foreign-funded enterprise; (original and copy scanned to upload)

(2) the Letter of Undertaking for Declaring the Registration of Establishment of the Foreign-funded Enterprise signed by all investors (or all Sponsors) of the foreign-funded enterprise or their authorized representative; (original scanned to upload)

(3) proof for all investors (or all Sponsors) or for the appointment of the representative or the joint entrustment of the agent by the foreign-funded enterprise, including the power of attorney and proof of identity of the appointee; (original scanned to upload)

(4) proof of the investors of the foreign-funded enterprise appointing other persons to sign relevant documents, including the power of attorney and proof of identity of the appointee (not applicable if not appointing other person to sign the relevant documents); (original scanned to upload)

(5) proof of the qualification or identity of natural persons of the investors (not applicable if the modification is irrelative to the basic information of the investors); (original scanned to upload)

(6) proof of identity of natural persons of the legal representative (not applicable if the modification is irrelative to the modification of legal representative). (original canned to upload)

Note: If any of the aforesaid documents is originally made in a foreign language, the Chinese translation shall be submitted together with it, and the foreign-funded enterprise or its investors shall ensure that the contents of the Chinese translation are consistent with the contents of the original in the foreign language.

3 Handling Procedures

3.1 Application Acceptance

Guiyang Municipal Bureau of Commerce accepts applications for establishment registration.

Procedures for handling: If the information submitted by the foreign-funded enterprise or its investors is pro forma incomplete or inaccurate or it is necessary to further explain its scope of business, the authority of registration shall return the application online. The authority of registration will issue the Registration Return Receipt of Establishment of the Foreign-funded Enterprise if the foreign-funded enterprise or its investors has submitted  materials for registration of establishment which conform to the pro forma requirements.

3.2 Handling, examination, decision, and delivery

Time limit: 3 business days.

3.3 Special Procedure

Window staff inputs registration items into the Guizhou provincial online service approval system.

Time limit: 1 business day

4 Charges

No fees

5 Time Limit

5.1 Legal Limit of Time

3 business days

5.2 Promised Limit of Time 

3 business days