外商投资广告企业管理规定
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国家工商行政管理总局、商务部令第8号

Promulgated1 by the State Administration for Industry and Commerce and the Ministry2 of Commerce on 2 March 2004 and effective as of date of promulgation3.)

颁布日期:20040302  实施日期:20040302  颁布单位:国家工商行政管理总局、 商务部

  Article 1 These Provisions are formulated4 in accordance with laws and administrative5 regulations regarding administration of foreign investment and advertising6 in order to strengthen administration of foreign-invested advertising enterprises and promote the healthy development of the advertising industry.

  Article 2 For the purposes of these Provisions, the term “foreign-invested advertising enterprises” shall refer to Sino-foreign equity7 joint8 ventures, Sino-foreign cooperative joint ventures (Sino-foreign equity joint ventures and Sino-foreign cooperative joint ventures shall here and hereinafter collectively be referred to as Sino-foreign Advertising Joint Ventures), and wholly foreign-owned advertising enterprises.

  Article 3 The establishment of foreign-invested advertising enterprises must abide9 by these Provisions as well as the relevant laws, regulations and rules such as the PRC, Sino-foreign Equity Joint Venture Enterprise Law, the PRC, Sino-foreign Co-operative Joint Venture Enterprise Law, the PRC, Wholly Foreign-owned Enterprise Law, the PRC, Advertising Law, the Administration of Advertising Regulations and the Intelligence Standards for Advertising Operators and Advertising Disseminators and Checking and Ratification10 of Phraseology Standards Within Advertising Operations.

  Article 4 The project proposals and feasibility study reports of foreign-invested advertising enterprises shall be examined and approved by the State Administration for Industry and Commerce and its authorized11 administrations for industry and commerce at the provincial12 level. The contracts and articles of association of foreign-invested advertising enterprises shall be examined and approved by the Ministry of Commerce and its authorized departments in charge of commerce at the provincial level.

  Article 5 Foreign-invested advertising enterprises that fulfil the stipulated13 conditions may engage in the design, production, dissemination14 and agency of various types of domestic and foreign advertising businesses upon approval. The specific business scope shall be verified and determined15 by the State Administration for Industry and Commerce and its authorized administrations for industry and commerce at the provincial level in accordance with the Intelligence Standards for Advertising Operators and Advertising Disseminators and Checking and Ratification of Phraseology Standards Within Advertising Operations.

  Article 6 The establishment of a Sino-foreign Advertising Joint Venture shall be handled in accordance with the following procedures:

  1. The major Chinese party to the joint venture shall submit the documents specified16 in Article 12 to the administration for industry and commerce with the authority to verify and approve registration17 of foreign-invested enterprises at the place where it is located, which shall issue an opinion after preliminary examination and report the same to the administration for industry and commerce at the provincial level authorized by the State Administration for Industry and Commerce for examination and approval, or pass on the same to the administration for industry and commerce of the province, autonomous18 region, municipality directly under the central government or city with independent development plans for verification, and submit the same to the State Administration for Industry and Commerce for examination and approval.

  The State Administration for Industry and Commerce and its authorized administration for industry and commerce at the provincial level shall render a decision on whether or not to grant consent within 20 days of the receipt of all submitted documents.

  2. After the issuance of an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level, the major Chinese party to the joint venture shall submit the documents specified in Article 13 to the department in charge of commerce at the provincial level of the place where the enterprise is to be established, and an “Approval Certificate for a Foreign-invested Enterprise” shall be issued after examination and approval of the department in charge of commerce at the provincial level. Where approval is not granted, the reasons therefor shall be stated in writing.

  3. The major Chinese party to the joint venture shall, on the strength of the “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level, the “Approval Certificate for a Foreign-invested Enterprise” issued by the department in charge of commerce at the provincial level and other documents stipulated in laws and regulations, handle the procedures for registration of the enterprise with the State Administration for Industry and Commerce or the local administration for industry and commerce with the authority to verify and approve registration of foreign-invested enterprises in accordance with the relevant provisions on enterprise registration.

  Article 7 The establishment of a wholly foreign-owned advertising enterprise shall be handled in accordance with the following procedures:

  1. The foreign investor19 shall submit the documents specified in Article 14 to the State Administration for Industry and Commerce.

  The State Administration for Industry and Commerce shall render a decision on whether or not to grant consent within 20 days of the receipt of all submitted documents.

  2. After the issuance of an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” by the State Administration for Industry and Commerce, the foreign investor shall submit the documents specified in Article 15 to the department in charge of commerce at the provincial level of the place where the enterprise is to be established, and the department in charge of commerce at the provincial level shall issue an opinion after preliminary examination within 20 days and report the same to the Ministry of Commerce for examination and approval.

  The Ministry of Commerce shall render a decision on whether or not to grant consent within 20 days of the receipt of all submitted documents. Upon examination and approval, an “Approval Certificate for a Foreign-invested Enterprise” shall be issued.

  3. The foreign investor shall, on the strength of the “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce, the “Approval Certificate for a Foreign-invested Enterprise” issued by the Ministry of Commerce, and other documents stipulated in laws and regulations, handle the procedures for registration of the enterprise with the State Administration for Industry and Commerce in accordance with the relevant provisions on enterprise registration.

  Article 8 Applications for establishment of branches of foreign-invested advertising enterprises shall be handled in accordance with the following procedures:

  1. The foreign-invested advertising enterprise shall submit the documents specified in Article 16 to the department in charge of commerce at the provincial level and the administration for industry and commerce at the provincial level of the place where it is located respectively;

  2. The local department in charge of commerce at the provincial level shall render a decision on whether or not to grant approval after seeking the opinion of the administration for industry and commerce at the same level. Where it grants approval, it shall at the same time forward copies of the approval documents to the department in charge of commerce at the provincial level and the administration for industry and commerce at the provincial level of the place of establishment. Where it refuses to grant approval, the reason therefor shall be stated in writing.

  3. The foreign-invested advertising enterprise shall, on the strength of the approval documents for establishment of a branch and other documents stipulated in laws and regulations, handle procedures for registration of the branch with the administration for industry and commerce with the authority to verify and approve registration of foreign-invested enterprises of the place where the branch is to be established.

  Article 9 To establish a Sino-foreign Advertising Joint Venture, the following conditions shall be fulfilled in addition to fulfilling the conditions stipulated in relevant laws and regulations:

  1. all parties to the joint venture shall be enterprises that engage in advertising business;

  2. all parties to the joint venture shall have been established and in operation for over two years; and

  3. have business performance in advertising.

  Article 10 To establish a wholly foreign-owned advertising enterprise, the following conditions shall be fulfilled in addition to fulfilling the conditions stipulated in relevant laws and regulations:

  1. the investing party shall be an enterprise that operates advertising business as main business; and

  2. the investing party shall have been established and in operation for over three years.

  Article 11 A foreign-invested advertising enterprise applying to establish a branch shall fulfil the following basic conditions:

  1. the registered capital shall be fully20 paid up; and

  2. the annual advertising business volume shall not be less than Rmb 20 million.

  Article 12 To apply to establish a Sino-foreign Advertising Joint Venture, the major Chinese party to the joint venture shall submit the following documents to the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level in accordance with the procedures stipulated in Article 6:

  1. an application for establishment of Sino-foreign Advertising Joint Venture;

  2. a notice of the preliminary approval of the enterprise name;

  3. resolution of the shareholders21' meeting (board of directors) of the parties to the joint venture;

  4. a project proposal for the establishment of a Sino-foreign Advertising Joint Venture and a feasibility study report jointly22 prepared by all parties to the joint venture;

  5. registration certificate of all parties to the joint venture;

  6. proof of creditworthiness of all parties to the joint venture;

  7. advertising administration system; and

  8. an opinion after preliminary examination of the local administration for industry and commerce.

  Article 13 To apply to establish a Sino-foreign Advertising Joint Venture, the following documents shall be submitted to the department in charge of commerce at the provincial level in accordance with the procedures stipulated in Article 6:

  1. an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level;

  2. the contract and the articles of association for the establishment of a foreign-invested advertising enterprise;

  3. the feasibility study report for the project;

  4. registration certificate of all parties to the joint venture;

  5. proof of creditworthiness of all parties to the joint venture;

  6. a notice of the preliminary approval of the enterprise name;

  7. the name list of the board of directors of the joint venture and the instrument of appointment of directors of all parties to the joint venture; and

  8. an opinion after preliminary examination of the local department in charge of commerce.

  Article 14 To apply to establish a wholly foreign-owned advertising enterprise, an investor shall submit the following documents to the State Administration for Industry and Commerce in accordance with the procedures stipulated in Article 7:

  1. an application for establishment of a foreign-invested advertising enterprise;

  2. resolution of the shareholders' meeting (board of directors) of the investor;

  3. project proposal and feasibility study report prepared by the investor;

  4. registration certificate of the investor;

  5. proof of creditworthiness of the investor; and

  6. a notice of the preliminary approval of the enterprise name.

  Article 15 To apply to establish a wholly foreign-owned advertising enterprise, a foreign investor shall submit the following documents to the Ministry of Commerce in accordance with the procedures stipulated in Article 7:

  1. an application for establishment of a foreign-invested advertising enterprise;

  2. an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce;

  3. project proposal and feasibility study report prepared by the investor;

  4. registration certificate of the investor;

  5. proof of creditworthiness of the investor; and

  6. the articles of association for establishment of a wholly foreign-owned advertising enterprise.

  Article 16 A foreign-invested advertising enterprise applying to establish a branch shall submit the following documents to the department in charge of commerce at the provincial level and the administration for industry and commerce at the same level in accordance with the procedures stipulated in Article 8:

  1. an application for establishment of a branch of a foreign-invested advertising enterprise;

  2. resolution of the board of directors;

  3. an annual audit23 report of its business performance in advertising;

  4. the business licence of the enterprise;

  5. proof of business premises24; and

  6. the capital contribution verification report of the enterprise.

  Article 17 If, after a foreign-invested advertising enterprise has been established, it is in any of the following circumstances, it shall separately report for approval in accordance with the procedures stipulated in Articles 6 and 7 hereof and handle amendment25 of registration of enterprise:

  1. change in a party to the joint venture or transfer of equity;

  2. change in the scope of advertising business; or

  3. change in the registered capital.

  Article 18 Foreign investors26 investing in and establishing advertising enterprises may entrust27 an intermediary service agency with the corresponding qualifications to handle application procedures on their behalf.

  Article 19 All documents submitted in accordance with these Provisions shall be written in Chinese.

  Article 20 Investment in the advertising industry through merger28 and acquisition of domestic advertising enterprises shall be handled in accordance with the relevant provisions regarding merger and acquisition of domestic enterprises by foreign investors and these Provisions.

  Article 21 Investment in and establishment of advertising enterprises in the mainland by investors from Hong Kong, Macao and Taiwan regions shall, mutatis mutandis, be handled in accordance with these Provisions.

  Article 22 Applications for increase in advertising business operations of foreign-invested enterprises shall, mutatis mutandis, be handled in accordance with these Provisions.

  Article 23 Beginning from the date of implementation29 of these Provisions, foreign investors are permitted to own majority equity in Sino-foreign Advertising Joint Ventures, but the equity ratio may not exceed 70%. Beginning from 10 December 2005, the establishment of wholly foreign-owned advertising enterprises shall be permitted.

  Article 24 The State Administration for Industry and Commerce and the Ministry of Commerce shall be responsible for interpreting these Provisions.

  Article 25 These Provisions shall be implemented30 as of the date of promulgation. The Establishment of Foreign-invested Advertising Enterprises Several Provisions (gong shang guang zi [1994] No. 304) promulgated by the State Administration for Industry and Commerce and the Ministry of Foreign Trade and Economic Cooperation shall be repealed31 simultaneously32. Other documents that conflict with these Provisions shall simultaneously become ineffective.



点击收听单词发音收听单词发音  

1 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
2 ministry kD5x2     
n.(政府的)部;牧师
参考例句:
  • They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。
  • We probed the Air Ministry statements.我们调查了空军部的记录。
3 promulgation d84236859225737e91fa286907f9879f     
n.颁布
参考例句:
  • The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。 来自《简明英汉词典》
  • Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。 来自经济法规部分
4 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
5 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
6 advertising 1zjzi3     
n.广告业;广告活动 a.广告的;广告业务的
参考例句:
  • Can you give me any advice on getting into advertising? 你能指点我如何涉足广告业吗?
  • The advertising campaign is aimed primarily at young people. 这个广告宣传运动主要是针对年轻人的。
7 equity ji8zp     
n.公正,公平,(无固定利息的)股票
参考例句:
  • They shared the work of the house with equity.他们公平地分担家务。
  • To capture his equity,Murphy must either sell or refinance.要获得资产净值,墨菲必须出售或者重新融资。
8 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
9 abide UfVyk     
vi.遵守;坚持;vt.忍受
参考例句:
  • You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
  • If you join the club,you have to abide by its rules.如果你参加俱乐部,你就得遵守它的规章。
10 ratification fTUx0     
n.批准,认可
参考例句:
  • The treaty is awaiting ratification.条约正等待批准。
  • The treaty is subject to ratification.此条约经批准后才能生效。
11 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
12 provincial Nt8ye     
adj.省的,地方的;n.外省人,乡下人
参考例句:
  • City dwellers think country folk have provincial attitudes.城里人以为乡下人思想迂腐。
  • Two leading cadres came down from the provincial capital yesterday.昨天从省里下来了两位领导干部。
13 stipulated 5203a115be4ee8baf068f04729d1e207     
vt.& vi.规定;约定adj.[法]合同规定的
参考例句:
  • A delivery date is stipulated in the contract. 合同中规定了交货日期。
  • Yes, I think that's what we stipulated. 对呀,我想那是我们所订定的。 来自辞典例句
14 dissemination dissemination     
传播,宣传,传染(病毒)
参考例句:
  • The dissemination of error does people great harm. 谬种流传,误人不浅。
  • He was fully bent upon the dissemination of Chinese culture all over the world. 他一心致力于向全世界传播中国文化。
15 determined duszmP     
adj.坚定的;有决心的
参考例句:
  • I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
  • He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。
16 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
17 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
18 autonomous DPyyv     
adj.自治的;独立的
参考例句:
  • They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。
  • This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。
19 investor aq4zNm     
n.投资者,投资人
参考例句:
  • My nephew is a cautious investor.我侄子是个小心谨慎的投资者。
  • The investor believes that his investment will pay off handsomely soon.这个投资者相信他的投资不久会有相当大的收益。
20 fully Gfuzd     
adv.完全地,全部地,彻底地;充分地
参考例句:
  • The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气,然后全部呼出。
  • They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。
21 shareholders 7d3b0484233cf39bc3f4e3ebf97e69fe     
n.股东( shareholder的名词复数 )
参考例句:
  • The meeting was attended by 90% of shareholders. 90%的股东出席了会议。
  • the company's fiduciary duty to its shareholders 公司对股东负有的受托责任
22 jointly jp9zvS     
ad.联合地,共同地
参考例句:
  • Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。
  • She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。
23 audit wuGzw     
v.审计;查帐;核对;旁听
参考例句:
  • Each year they audit our accounts and certify them as being true and fair.他们每年对我们进行账务审核,以确保其真实无误。
  • As usual,the yearly audit will take place in December.跟往常一样,年度审计将在十二月份进行。
24 premises 6l1zWN     
n.建筑物,房屋
参考例句:
  • According to the rules,no alcohol can be consumed on the premises.按照规定,场内不准饮酒。
  • All repairs are done on the premises and not put out.全部修缮都在家里进行,不用送到外面去做。
25 amendment Mx8zY     
n.改正,修正,改善,修正案
参考例句:
  • The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
  • The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。
26 investors dffc64354445b947454450e472276b99     
n.投资者,出资者( investor的名词复数 )
参考例句:
  • a con man who bilked investors out of millions of dollars 诈取投资者几百万元的骗子
  • a cash bonanza for investors 投资者的赚钱机会
27 entrust JoLxh     
v.信赖,信托,交托
参考例句:
  • I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。
  • They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。
28 merger vCJxG     
n.企业合并,并吞
参考例句:
  • Acceptance of the offer is the first step to a merger.对这项提议的赞同是合并的第一步。
  • Shareholders will be voting on the merger of the companies.股东们将投票表决公司合并问题。
29 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
30 implemented a0211e5272f6fc75ac06e2d62558aff0     
v.实现( implement的过去式和过去分词 );执行;贯彻;使生效
参考例句:
  • This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。 来自《现代汉英综合大词典》
  • The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革,经济就面临崩溃的危险。 来自辞典例句
31 repealed 3d9f89fff28ae1cbe7bc44768bc7f02d     
撤销,废除( repeal的过去式和过去分词 )
参考例句:
  • The Labour Party repealed the Act. 工党废除了那项法令。
  • The legislature repealed the unpopular Rent Act. 立法机关废除了不得人心的租借法案。
32 simultaneously 4iBz1o     
adv.同时发生地,同时进行地
参考例句:
  • The radar beam can track a number of targets almost simultaneously.雷达波几乎可以同时追着多个目标。
  • The Windows allow a computer user to execute multiple programs simultaneously.Windows允许计算机用户同时运行多个程序。
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