Yiwu permanent representative offices of foreign enterprises Interim Measures
People towns, the neighborhood offices, the municipal government departments:
"Yiwu City representative office of foreign enterprises Interim Measures," has been agreed that the municipal government research are issued to you, please conscientiously implemented.
August 6, 2009
Chapter I General Provisions
The first order to strengthen the permanent representative offices of foreign enterprises management, effective integration of departmental administration resources, improve the level of foreign-related management services, and gradually build a unified, coordinated and efficient permanent representative offices of foreign enterprises management mechanism, according to "The People's Republic of China national security Law, "" The People's Republic of China Law on Entry and Exit of Foreigners, "" the State Council on the management of foreign enterprises, permanent representative of the Provisional Regulations "," State Department do need to retain items of administrative examination and approval the decision of administrative licensing, "" The permanent representative offices of foreign enterprises registered management approach "," regulations of employment of foreigners in China "and other laws and regulations, combined with the actual city, the enactment of this Interim Measures.
The second foreign companies, enterprises and other economic organizations (hereinafter referred to as foreign enterprises) within the Permanent Mission of the representative body of the city and its administrative personnel should abide by Chinese laws and regulations. The city administrative area of the permanent representative offices of foreign enterprises (hereinafter referred to as foreign representative offices) and its personnel management, supervision and guidance applicable to approach behavior.
The establishment of foreign invested enterprises on behalf of the third joint conference system for institutions to manage the work. Run by the city and outside the Overseas Chinese Affairs, Office of Legislative Affairs, public security, courts, national security, the national land tax, customs, inspection and quarantine, industry and commerce, construction, foreign trade, human labor social security, foreign exchange management and other units on behalf of institutional management of foreign invested enterprises the work of the joint meeting system, is responsible for coordinating major, difficult to resolve the incident handling. Joint conference system for the specific operational methods will be formulated separately.
Article IV of public security, national security, the national land tax, customs, inspection and quarantine, industry and commerce, construction, foreign trade, human labor social security, foreign exchange management and other units should seriously carry out the corresponding management functions, and strengthening services to strengthen collaboration, and concerted efforts.
Chapter II functional management
Article V should be represented in foreign invested enterprises apply for registration. Does not require the industry department in charge of examination and approval, apply for registration directly to the business sector, after review of compliance with registration requirements, and allowed to apply for registration and issue of a "foreign representative offices of foreign enterprises Permanent Registration Certificate" (hereinafter referred to as registration certificate) and the "representative Card . " Require the industry department in charge of examination and approval, the competent authority should have an industry document registration; can not provide approval documents shall not be registered.
Article VI of the registration of the chief foreign representative offices, representatives should be within 15 days after entry virtue of employment visas and supporting the social security department to the person applying for labor, "Alien Employment Permit" (hereinafter referred to as the employment permit), and holders of employment permits to apply for residence permit public security organs.
Article VII of the Foreign Enterprise fund accounts for the creation of representative bodies, it shall submit an application to the Foreign Exchange Management Department, through the report prepared after the relevant funds to open bank accounts.
Article VIII on behalf of foreign institutions and their personnel to the local tax authorities shall handle tax registration law, paying taxes.
Article IX of Customs filed on behalf of foreign institutions and their permanent staff, you can apply to the customs entry and exit public, personal use items. Permanent staff tax entry of motor vehicles from the traffic management department to the public security Banjie vehicle registration from the date of one year after the transfer may be granted transfer.
Article foreign representative offices rented housing, hire staff, should be entrusted to foreign affairs service unit or other qualified units for processing. The Chinese foreign invested enterprises to employ an employee representative bodies, should comply with the relevant labor and social security laws and regulations, the signing of labor contracts in accordance with law and to implement the working hour system, payment of wages system and participate in social insurance. Foreign representative agencies in the selection and changes in the workplace, subject to the national security sector review matters of national security permit. The national security departments, construction departments should strengthen the management of rental housing.
Article XI representative foreign invested enterprises to change its name, chief representative, representative, business scope, based in the address, it should be holding the relevant documents, information, to register the changes the business sector to the public security and other related departments to apply for residence certificates and so the change.
Article XII of the chief foreign representative, on behalf of foreign companies without the written authorization shall not sign contracts on behalf of foreign companies.
Article XIII foreign representative offices stationed in the expiration or early termination of the business activities or to send company declared bankruptcy, shall apply for cancellation of registration of Trade and Industry Bureau. In handling cancellation of registration, must submit the tax department, customs, etc. issued by the tax, debt and other related matters end clean-up documents. Any outstanding matters, the original application for the establishment of permanent foreign representative offices of foreign enterprises must continue to be held accountable.
Article XIV of the relevant units shall promptly foreign representative offices and their personnel summary of relevant information to the Yiwu enterprise credit information system, included in the credit monitoring.
Article XV on behalf of the establishment of foreign invested enterprises and their personnel, foreign invested enterprises registered with the agency on behalf of the blacklist system, effectively strengthen management.
Chapter III Liability
Article XVI of foreign enterprises without approval, registration, permanent representative offices engaged in unauthorized business activities, from industry and commerce departments shall order it to stop operations, and impose a fine of 10,000 yuan.
Article XVII foreign representative should apply for registration of changes and not arbitrarily change the original registration, or apply for cancellation of registration should be handled not by verified by the business sector to give notice, the circumstances are serious, punishable under RMB 5000 fine, until the cancellation of registration certificate.
18th representative office of foreign companies engaged in fraud and other illegal activities by the business sector according to confiscate all the property of their ill-gotten gains and impose a fine until the cancellation of registration certificate. Constitutes a crime, transferred to judicial organs according to law.
Violation of the provisions of Article XIX does not apply for employment permits for foreign representative offices without authorization in the employment of foreigners, the public security organs at the termination of his office or employment at the same time, and may be fined 1,000 yuan; the circumstances are serious, and impose a deadline for departure.
Diershitiao refuse to permit employment, the labor administrative department for examination, unauthorized changes to foreign representative offices, the unauthorized change careers, without authorization to extend the period of employment of the chief representative and representatives from the labor administrative departments to recover their employment certificate, and drew the public security authorities canceled residency . On the need to deportation, and repatriation expenses from the hiring unit or the chief representative or representatives of commitment.
Article XXI of the forge, alter, fraudulent use, transfer, employment certificates and permits the sale of the book's chief representative, representatives, foreign representative offices, confiscated by the labor administrative department of employment permits and license, confiscate their illegal gains and impose a not more than 10 million yuan shall be imposed; serious crime is constituted, criminal responsibility shall be investigated by judicial organs.
22nd article for non-compliance chief and representatives of Chinese law, the public security organs may shorten the duration of their stay in China, or cancel the eligibility of their residence in China. Illegally in chief, on behalf of, public security organs and may be a warning or illegal residence on the 1st of each, at 500 yuan fine, the total amount does not exceed 5,000 yuan, or at 3 or above, 10 below the detention; the circumstances are serious, and impose a deadline exit.
Article 23rd forge, alter, fraudulent use, transfer, sale of visas, documents chief representative and representatives, in the suspension or the collection of the original visa documents and confiscation of illegal gains at the same time, and may be more than 1,000 yuan and 10,000 yuan shall be imposed , or at 3 or above, 10 the following detained, you can also impose a deadline from its territory; the circumstances are serious to constitute a crime, they shall be held criminally responsible.
24th Article sector workers abuse their power, practice favoritism, do not constitute a crime, should be held accountable; constitutes a crime, they shall be held criminally responsible.
Chapter IV Supplementary Provisions
25th of overseas Chinese, compatriots in Hong Kong, Macao and Taiwan companies operating enterprises to apply for the establishment of permanent representative offices in China, the reference to these Regulations.
26th Legislative Affairs Office of the measures by the municipal government responsible for the interpretation.
27th Article of the measures implemented since the release date.
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