Expanding HK & Macao Residents' Applications for the Registration of Individual Industrial and Commercial Households

 2018-06-16  12



  • Document NumberNo. 43 [2016] of the Beijing Administration for Industry and Commerce
  • Area of Law Enterprises Industrial and Commercial Management
  • Level of Authority Local Regulatory Documents
  • Date issued07-06-2016
  • Effective Date06-01-2016
  • Status Effective
  • Issuing Authority Beijing Administration for Industry & Commerce



Notice of the Beijing Administration for Industry and Commerce on Implementing the Opinions of the State Administration for Industry and Commerce on Expanding Hong Kong and Macao Residents' Applications for the Registration of Individual Industrial and Commercial Households in the Mainland
(No. 43 [2016] of the Beijing Administration for Industry and Commerce)
Branches of all districts and professional branches of the Beijing Administration for Industry and Commerce (“BAIC”);all divisions and offices and inspection corps of the BAIC; all public institutions; and all associations and societies:
Upon approval by the State Council, the Agreement on Trade in Services to the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Agreement on Trade in Services to the Mainland and Macao Closer Economic Partnership Arrangementcame into force on June 1, 2016. In order to effectively implement the aforesaid two Agreements on Trade in Services, the State Administration for Industry and Commerce issued the Opinions of the State Administration for Industry and Commerce on Expanding Hong Kong and Macao Residents' Applications for the Registration of Individual Industrial and Commercial Households in the Mainland (No. 99 [2016], SAIC, hereinafter referred to as the “Opinions”). The Opinions are hereby forwarded to you and the following requirements are hereby set forth for your compliance and implementation.
I. From June 1, 2016,where a Hong Kong or Macao resident files an application for the formation of an individual industrial and commercial household in Beijing municipality, foreign investment approval is not required (except for franchising), and the DistrictBranch of the Beijing Administration for Industry and Commerce at the place of business operations shall directly register the individual industrial and commercial household in accordance with the relevant laws, administrative regulations, and rules.
II. With respect to the business scope of individual industrial and commercial household, the registration of which a Hong Kong or Macao resident may apply, it shall be determined by reference to the List of the Industries Open to Individual Industrial and Commercial Household Formed by Hong Kong and Macao Residents in the Mainland, Annex 1 to the Opinions, but shall comply with the relevant provisions of Beijing municipality on industry policies.
III. The organizational form of an individual industrial and commercial household the registration of which a Hong Kong or Macao resident may apply shall be limited to individual business, and restrictions on the number of employees and the business areas shall be lifted.
IV. For theidentity certificates a Hong Kong or Macao resident applicant shall submit, please see the Statements and Format of the Identity Certificate Documents of Hong Kong and Macao Residents, Annex 3 to the Opinions. A registration authority shall, when registering the name of an operator, add the Chinese characters of “(Hong Kong Resident)” or “(Macao Resident)” after the name of the operator. The identity certificates submitted bya Hong Kong permanent resident with Chinese citizenship no longer require notarization.
V. In accordance with the provisions of the Opinions, the implementation of the relevant documents of the State Administration for Industry and Commerce on the formation of individual industrial and commercial households by Hong Kong and Macao residents issued previously shall be terminated as of June 1, 2016.
Annex: Opinions of the State Administration for Industry and Commerce on Expanding Hong Kong and Macao Residents' Applications for the Registration of Individual Industrial and Commercial Households in the Mainland (No. 99 [2016], SAIC) (Omitted)
Beijing Administration for Industry and Commerce
July 6, 2016