Where foreign enterprises need to establish permanent representative offices in China, they shall apply to competent authorities for approval and go through the formalities for registration. Without prior approval and registration, no foreign enterprises may establish permanent representative offices in China.

I. Applications of foreign enterprises for the establishment of representative offices in China

shall be filed with the following competent authorities in accordance with the corresponding trades:

1. For enterprises of trade, commerce, manufacturing and cargo transportation agency, applications shall be filed with the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China for approval;

2. For enterprises of banking and insurance, applications shall be filed with the People's Bank of China for approval;

3. For enterprises of maritime transportation and maritime transportation agency, applications shall be filed with the Ministry of Communications of the People's Republic of China for approval;

4. For enterprises of air transportation, applications shall be filed with the Civil Aviation Administration of China for approval;

5. And, for enterprises of other trades, applications shall be filed with competent commissions, ministries and administrations of the Government of the People's Republic of China for approval, in accordance with the nature of their business.

II. In applying for the establishment of a representative office in China, the foreign enterprise

concerned shall submit the following certificates and other materials:

1. An application signed by the president or managing director of the enterprise, which shall include the name of the representative office to be established, information on its top leaders, its scope of business, the duration of stay, its address, etc;

2. An official license to do business issued by competent authorities of the country or region where the enterprise is based;

3. Certificates of the credibility rating of the enterprise issued by financial institutions which have regular business relations with the enterprise;

4. And, letters of authorization for the personnel with the representative office appointed by the enterprise and the resume of the personnel.

For enterprises of banking and insurance applying for the establishment of representative offices in China, they shall also submit the annual statement of assets and liabilities, the annual statement of losses and gains, the charter of incorporation and the list of the members of the board of directors, in addition to the certificates and other materials required by preceding Items 1, 2, 3 and 4.

III. After the approval of the application of a foreign enterprise for the establishment of a representative office in China, the enterprise shall take the certificate of approval to contact the State Administration for Industry and Commerce of the People's Republic of China to go through the formalities for registration within 30 days counted from the date of approval. In going through the formalities for registration, it shall fill in a registration form and pay a registration fee before obtaining a registration certificate. Where a foreign enterprise fails to go through the formalities for registration by the deadline, it shall have to return the certificate of approval for revocation.