Provisional Rules of the Shenzhen Special Economic
Zone on the Resident Offices of Foreign Enterprises
(Promulgated by the Shenzhen Municipal People’s Government on
October 17, 1990, revised and promulgated by the Shenzhen Municipal
People’s Government on January 29, 1994)
Article 1 In order to help develop the international trade and promote
the economic and technological cooperation, and to strengthen the
administration of the resident offices of foreign enterprises, these
rules are hereby formulated in accordance with the related stipulations
of the State Council.
Article 2 The resident offices of foreign enterprises referred to in
these rules shall mean the resident offices set up in the Shenzhen Special
Economic Zone (hereinafter referred to as the Special Zone) by the
merchants, manufacturers, freight agents and other economic
organizations (groups) of foreign countries.
The resident office set up in the Special Zone by a foreign enterprise
shall aim at promoting the development of the international trade and
economic and technological cooperation with China, engage in non-business
activities for contact on behalf of the enterprise such as making
connection for operation, introducing products, investigating the market,
promoting cooperation and technological exchange, providing consulting
services, etc.
Article 3 The Shenzhen Municipal People’s Government (hereinafter
referred to as the municipal government) shall protect the legal rights
and interests of the resident offices and their personnel according to
law, and make things convenient for their normal activities of contacting
operation.
Article 4 Any foreign enterprise which applies for setting up a
resident office in Shenzhen shall have good credit position and business
reputation, be helpful in promoting the economic and technological
cooperation and exchange, and have the ability to export the products of
our country steadily and to give impetus to the development of trade.
Article 5 The municipal bureau of trade development shall accept
application of a foreign enterprise to set up a resident office in
Special Zone, the registration formalities shall be gone through at
municipal bureau of industrial and commercial administration after
the
the
the
the
application has been approved by the municipal government, and the term
of residence shall be 3 years for each approval.
Without approval there shall be no operation to be allowed for any
resident office.
Article 6 If a foreign enterprise wants to set up a resident office
in the Special Zone, it shall officially file a written application to
the municipal bureau of trade development, and provide the following
certificates and materials:
(1) the application signed by the chairman of the board of directors
or general manager of the enterprise, including the items such as the name
of the resident office, the responsible person, the term of residence,
the place of residence, etc.;
(2) the official business license issued by the related authority
of the country (region) where the enterprise is located and the
qualification certificate of the effective signer of the enterprise;
(3) the certificate of capital credit issued by a financial
institution which has the business relationship with the enterprise;
(4) the letter of authorization to appoint the personnel to the
resident office and the biographical notes of these representatives;
(5) three copies of both Application Form of Establishment (Extension)
of Resident Office of Foreign Enterprise and Application Form of Change
of Personnel and Items of Resident Office of Foreign Enterprise.
A corporation of this city having the authorization to undertake the
foreign
economic trade or a corporation of this city to provide the internal
consulting services, which have the business relationship with the
foreign enterprise, shall be entrusted with the application as a
responsible unit first, the above-mentioned materials and certificates
shall be submitted to the approving department by the responsible unit
with the attachment of a recommendation letter signed by the head of the
responsible unit and the submission form for examination and approval
completed according to the stipulations.
Article 7 If an application is approved, the document of approval
shall be brought to the municipal bureau of industrial and commercial
administration to go through the formalities for registration and to
obtain the registration certificate within 30 days from the date of
approval. In case of failure to register after the deadline, the document
of approval shall become invalid.
Article 8 After a resident office is approved, its personnel of
foreign nationality and from Hong Kong, Macao, Taiwan shall apply for and
obtain the employment permits from the municipal corporation of foreign
labor and service, then bring the approval document concerning the permits
and the certificates of representatives to the Shenzhen Municipal Bureau
of Public Security to go through the formalities for residence, and obtain
the residence certificates.
Article 9 If any resident office wants to hire a Chinese citizen, it
may entrust the municipal corporation of foreign labor and service with
recommendation of candidates, may also nominate the candidates itself,
and shall go to the municipal corporation of labor and service to apply
and go through the formalities for recruiting and using workers.
Article 10 The municipal bureau of labor shall be in charge of the
administration of the employees of the resident offices. The municipal
bureau of labor may entrust the municipal corporation of foreign labor
and service with inspection and supervision.
Article 11 If a resident office needs to open an account, it shall
bring the document of approval by the municipal government, the
registration certificate of the resident office of foreign country
(region) or the registration certificate of the resident office of the
enterprises of the overseas Chinese, Hong Kong, Macao to a self-chosen
bank to open an account after the bureau of foreign exchange control has
approved it. The account shall be used only for deposit and withdrawal
of the funds that the resident office needs for day-to-day operation, and
shall not be used for the business beyond the scope of the operation of
the resident office.
Article 12 The resident offices and their personnel shall go to the
municipal bureau of tax to go through the formalities for registration
to pay taxes according to the tax law of China, and pay taxes according
to regulations.
Article 13 If the resident offices and their personnel import the
articles for office and daily use, means of transport, and samples of
products, etc., they shall apply to the municipal bureau of trade
development. After approval, these imports shall be inspected and
released by the customs according to the reasonable quantity for the
importers own use.
The above-mentioned articles shall not be transferred, sold without
authorization. If these article need to be transferred, sold, an
application shall be filed to the customs in advance, and it shall be done
according to the related rules after approval.
Article 14 The personnel of the resident offices and their
accompanying family members shall abide by the laws, regulations of China
and the related rules of the Special Zone in all their activities in the
Special Zone.
Article 15 If a resident office needs to change its name, responsible
person, it shall file an application to the department which originally
examined and approved its establishment, bring the document of approval,
after the application is approved, to the municipal bureau of industrial
and commercial administration to go through the formalities for the change,
and comply with the formalities for the change of residence certificates
at the municipal bureau of public security.
When a resident office needs to change the address of residence, it
shall apply to the municipal bureau of industrial and commercial
administration.
Article 16 If a resident office wants to extend the term of residence
after three years, it shall file an application report for extension, 30
day in advance of the expiration of its term, to the department which
originally examined and approved its establishment, and attach the
summary of its operation during the term of residence and the evaluation
materials provided by the related administrative departments.
Article 17 If the term of a resident office expires or a resident
office stops its activities in contacting operation before the term
expires, a written report shall be filed 30 days in advance of stopping
the operation to the department which originally examined and approved
the establishment of this office, the formalities for canceling the
registration shall be complied with at the municipal bureau of industrial
and commercial administration, and the registration certificate shall be
handed in for cancellation.
Article 18 Any resident office shall not operate beyond the scope of
its approved operation, and shall not be engaged in illegal activities
such as illegal business, smuggling, illegal trading in foreign exchange,
endangering public security, etc.
Article 19 If a resident office violates these rules, the responsible
departments such as the Shenzhen municipal bureaus of public security,
industrial and commercial administration, labor, etc. shall impose a
punishment according to the related laws and regulations of the state and
the Special Zone, if the party concerned has an objection to the punishment,
an application for administrative review may be filed or legal action may
be taken at the people’s court according to law.
Article 20 The enterprises of Hong Kong, Macao, Taiwan shall set up
their resident offices in Shenzhen in the light of these rules.
Article 21 These rules shall take effect as of the date of
promulgation.