Decision of the State Administration for Market Regulation on Revising Four Rules Including the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons
Decision of the State Administration for Market Regulation on Revising Four Rules Including the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons
Decision of the State Administration for Market Regulation on Revising Four Rules Including the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons
Order of the State Administration for Market Regulation No. 14
August 8, 2019
The Decision of the State Administration for Market Regulation on Revising Four Rules Including the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons was adopted upon deliberation at the 11th executive session of the State Administration for Market Regulation on July 30, 2019, and is hereby released with effect from the date of issuance.
Director, Xiao Yaqing
Decision of the State Administration for Market Regulation on Revising Four Rules Including the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons
(Promulgated by the Order of the State Administration for Market Regulation No. 14 on August 8, 2019)
To implement the spirits contained in the Decision of the State Council on Abolishing a Number of Administrative Approval Items (Guo Fa [2018] No. 28) and effectively carry out the follow-up work after such four matters as the approval and registration of enterprise groups have been abolished, the State Administration for Market Regulation has decided to revise the following rules:
I. Revise the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons
1. The "State Administration for Industry and Commerce" in Articles 6, 7, 8, 10, 11, 32, 41, 55 and 59 is revised to "State Administration for Market Regulation";
2. The "administrative authorities for industry and commerce" in Article 6 and the "administrative bureaus for industry and commerce" in Articles 8, 9, 10, 11 and 59 are revised to the "administrative authorities for market regulation";
3. Delete Item 2 of Article 7;
4. Delete Item 2 of Article 8;
5. Delete "branch offices" in Article 18.
II. Revise the Administrative Provisions on the Registration of Foreign-invested Partnership Enterprises
1. The "State Administration for Industry and Commerce" in Article 5 and 50 is revised to the "State Administration for Market Regulation";
2. The part "authorities for industry and commerce" in Article 5 is revised to the "authorities for market regulation";
3. Delete Article 40;
4. Paragraph 2 of Article 49 is revised to read "Where business license is lost or damaged, the foreign-invested partnership enterprise shall announce it invalid on the National Enterprise Credit Information Publicity System, and shall apply to the registration authority for reissuance or replacement";
5. Delete "branches" in Article 55.
III. Revise the Administrative Measures for the Registration of Sole Proprietorship Enterprises
1. The "State Administration for Industry and Commerce" in Article 4, 9, 14, 19, 24 and 34 is revised to the "State Administration for Market Regulation";
2. The "administrative departments for industry and commerce" or "administrations for industry and commerce" in Paragraphs 1 and 3 of Article 4 is revised to "administrations for market regulation"; the "administrations for industry and commerce at municipal and county levels and branches of administrations for industry and commerce in large and medium-sized cities" in Paragraph 4 is revised to the "administrations for market regulation at municipal and county (district) levels";
3. Delete Article 27;
4. Delete Article 28;
5. Paragraph 3 of Article 31 is revised to read "Where business license is lost or damaged, the sole proprietorship enterprise shall announce it invalid on the National Enterprise Credit Information Publicity System, and shall apply to the registration authority for reissuance or replacement";
6. Delete Article 39;
7. Delete Article 40.
IV. Revise the Administrative Measures for the Registration of Individually-owned Businesses
1. The "industrial and commercial administrations" and "industrial and commercial administrations" in Articles 2 and 4 are revised to the "market regulation administrations";
2. The "State Administration for Industry and Commerce" in Article 4, 14, 15, 16, 23, 31, 33 and 41 is revised to the "State Administration for Market Regulation";
3. The part "industrial and commercial administrative bureaus of counties, autonomous counties and municipalities without districts and the branches of the municipal industrial and commercial administrations" in Paragraph 4 of Article 4 is revised to read "market regulation administrations of counties, autonomous counties, municipalities without districts and municipal districts";
4. The "subordinated industrial and commercial administrative offices (hereinafter referred to as the "Industrial and Commercial Office")" in Article 5, the "subordinated Industrial and Commercial Offices" and "Industrial and Commercial Offices" in Article 13 are revised to the "dispatched agencies";
5. Article 27 is revised to read "Where business license is lost or damaged, the individually-owned business shall announce it invalid on the National Enterprise Credit Information Publicity System, and shall apply to the Registration Authority for reissuance or replacement."
In addition, the order of articles of the above rules are adjusted accordingly.
This Decision shall take effect from the date of promulgation.
The Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons, the Administrative Provisions on the Registration of Foreign-invested Partnership Enterprises, the Administrative Measures for the Registration of Sole Proprietorship Enterprises and the Administrative Measures for the Registration of Individually-owned Businesses shall be revised according to this Decision and then re-promulgated.
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