Expanding HK & Macao Residents' Applications for the Registration of Individual Industrial and Commercial Households
2018-06-16 1133
- Document Number:No. 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 issued:07-06-2016
- Effective Date:06-01-2016
- 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