Measures for the Implementation of the Administration of Enterprise Name Registration (Revised in 2004)
Measures for the Implementation of the Administration of Enterprise Name Registration (Revised in 2004)
Measures for the Implementation of the Administration of Enterprise Name Registration (Revised in 2004)
Order of the State Administration for Industry and Commerce No. 10
June 14, 2004
The State Administration for Industry and Commerce decided, during its executive meeting, to amend the Measures for the Implementation of the Administration of Enterprise Name Registration. The Measures are hereby promulgated and shall take effect on July 1, 2004.
Director General: Wang Zhongfu
Measures for the Implementation of the Administration of Enterprise Name Registration
(Issued by Order of the State Administration for Industry and Commerce No. 93on December 8, 1999, and amended by Order of the State Administration for Industry and Commerce No.10 on June 14, 2004)
Chapter I General Provisions
Article 1 These Measures have been formulated for the purpose of strengthening and perfecting the administration of enterprise name registration, protecting the lawful rights and interests of owners of enterprises' names and maintaining fair competition order, in accordance with the Administrative Provisions on the Registration of Enterprise Names, relevant laws and administrative regulations.
Article 2 The present Measures shall apply to the registration of enterprises' names of legal person enterprises and non-legal person enterprises by administrative organs for industry and commerce.
Article 3 An enterprise shall select its own name and apply for registration, in accordance with the law. An enterprise enjoys the right to the name from the date of establishment.
Article 4 Administrative organs for industry and commerce at various levels shall approve and register enterprises' names, in accordance with the law.
Any enterprise name registered beyond the authorized power shall be rectified.
Article 5 Administrative organs for industry and commerce shall be responsible for the administration of enterprises' name registration at different levels. The State Administration for Industry and Commerce (hereinafter referred to as SAIC) is responsible for the nationwide administration of enterprise name registration, and is responsible for the approval of the following enterprises' names:
1. Those prefixed by such words as "Zhongguo" or "Zhonghua" (both meaning China) or "Guojia" (State) or "Guoji" (international);
2. Those using such words as "Zhongguo" or "Zhonghua" (both meaning China) or "Guojia" (State) or "Guoji" (international); and
3. Those without the name of administrative division.
Local administrative organs for industry and commerce are responsible for the approval of the following enterprises' names, other than those stipulated in the preceding paragraph:
1. Those prefixed by administrative division at the same level; and
2. Those conforming to those that include the same administrative division as described in Article 12 of the present Measures.
Administrative organs for industry and commerce authorized by SAIC to approve names of foreign-funded enterprises shall be responsible for approving the names of foreign-funded enterprises, in accordance with the present Measures.
Chapter II Enterprise Names
Article 6 The name of a legal person enterprise shall not include the name of another legal person enterprise, unless it is otherwise provided for by the State Administration for Industry and Commerce.
Article 7 The name of an enterprise shall not include the name of another enterprise.
The name of an enterprise's branch shall be prefixed by the name of the enterprise to which it is affiliated.
Article 8 Enterprises' names shall be in Chinese characters that conform to the norms of the State, and shall not use foreign words, the Chinese phonetic alphabet or Arabic numbers.
If the name of an enterprise needs to be translated into a foreign language, the enterprise will translate it by itself, in accordance with the principles of written translations. It isn't required to report to administrative organs for industry and commerce for approval and registration.
Article 10 With the exception of enterprises that have been established by decision of the State Council, an enterprise's name shall not be prefixed by such words as "Zhongguo" or "Zhonghua" (both meaning China) or "Guajia" (State) or "Guoji" (international).
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