Taiwan Residents' Applications for the Establishment of Individual Industrial and Commercial Households in the Mainland

 2018-07-27  1383


· Document Number:No. 3 [2015] of the Taiwan Affairs Office of the State Council

· Area of Law: Taiwan Affairs

· Level of Authority: Departmental Regulatory Documents

· Effective Date:01-01-2016

· Issuing Authority: Taiwan Affairs Office of the State Council Publicity Department of the Central Committee of the Communist Party of China (Publicity Department, CCCPC) State Development & Reform Commission (incl. former State Development Planning Commission)

· Status: Effective

 

Notice of the Taiwan Affairs Office of the State Council, the Publicity Department of the CPC Central Committee, the National Development and Reform Commission of the People's Republic of China, the Ministry of Science and Technology of the People's Republic of China, the Ministry of Industry and Information Technology of the People's Republic of China, the Ministry of Public Security of the People's Republic of China, the Ministry of Civil Affairs of the People's Republic of China, the Ministry of Justice of the People's Republic of China, the Ministry of Human Resources and Social Security of the People's Republic of China, the Ministry of Environmental Protection of the People's Republic of China, the Ministry of Transport of the People's Republic of China, the Ministry of Commerce of the People's Republic of China, the Ministry of Culture of the People's Republic of China, the State Administration for Industry and Commerce of the People's Republic of China, the State Administration of Press, Publication, Radio, Film and Television of the People's Republic of China, the General Administration of Sports, the China Food and Drug Administration, the State Post Bureau, the State Administration of Cultural Heritage, and the State Administration of Foreign Exchange on Expanding the Opening-up to Taiwan Residents' Applications for the Establishment of Individual Industrial and Commercial Households in the Mainland
(No. 3 [2015] of the Taiwan Affairs Office of the State Council)



The Taiwan affairs offices, publicity departments, development and reform commissions (bureaus), departments (bureaus) of science and technology, departments (bureaus) of industry and information technology, departments (bureaus) of public security, departments (bureaus) of civil affairs, departments (bureaus) of justice, departments (bureaus) of human resources and social security, departments (bureaus) of environmental protection, departments (bureaus) of transport, competent commerce departments, departments (bureaus) of culture, bureaus of industry and commerce administration (market supervision and administration), administrations of press, publication, radio, film and television, sports bureaus, food and drug administrations, post offices, cultural relics bureaus, and foreign exchange administrations in provinces (autonomous regions and municipalities directly under the Central Government) including Beijing, Tianjin, Hebei, Shanxi, Liaoning, Jilin, Heilongjiang, Shanghai, Jiangsu, Zhejiang, Anhui, Fujian, Jiangxi, Shandong, Henan, Hubei, Hunan, Guangdong, Guangxi, Hainan, Chongqing, Sichuan, Guizhou, Yunnan, Shaanxi, and Ningxia:
On January 11, 2007, 11 ministries and commissions including Taiwan Affairs Office of the CPC Central Committee jointly issued the Several Policies and Measures for Promoting the Cross-Straits Agricultural Cooperation and Benefiting Taiwan Farmers (No. 1 [2007], Taiwan Affairs Office of the CPC Central Committee), specifying that “Any Taiwan farmer engaging in an agricultural cooperation project in the parks may directly apply for the establishment of an individual industrial and commercial household in accordance with the relevant laws, regulations, and rules of the Mainland.” On December 28, 2011, the Taiwan Affairs Office of the State Council, the State Administration for Industry and Commerce, the Ministry of Public Security, the Ministry of Human Resources and Social Security, and the Ministry of Commerce jointly issued the Notice on Opening up to Taiwan Residents' Applications for the Establishment of Individual Industrial and Commercial Households, according to which from January 1, 2012, in nine provinces and municipalities directly under the Central Government including Beijing, Shanghai, Guangdong, Fujian, Jiangsu, Zhejiang, Hubei, Sichuan, and Chongqing, Taiwan residents may directly apply for the registration of individual industrial and commercial households, the application is not required to be subject to foreign investment approval, and the business scope includes catering and retail industry (excluding franchising). The number of employees shall not exceed eight and the business areas shall not exceed 300 square meters. From April 1, 2012, the number of employees shall not exceed ten and the business areas shall not exceed 500 square meters.
In order to further encourage Taiwan compatriots to obtain employment and start up business in the Mainland, in accordance with the Regulation on Individual Industrial and Commercial Households, the Measures for the Administration of Registration of Individual Industrial and Commercial Households, and the Foreign Trade Law of the People's Republic of China, the following policies and measures are hereby implemented for the Taiwan residents' applications for the establishment of individual industrial and commercial households in the Mainland:
I. From January 1, 2016, besides the existing nine provinces and municipalities directly under the Central Government, a Taiwan resident may, in accordance with the relevant laws, regulations, and rules of the state, directly file an application for the registration of an individual industrial and commercial household in Tianjin Municipality, Hebei Province, Shanxi Province, Liaoning Province, Jilin Province, Anhui Province, Jiangxi Province, Shandong Province, Henan Province, Hunan Province, Hainan Province, Guizhou Province, and Shaanxi Province and the districted-cities of provinces (autonomous regions) including Heilongjiang, Guangxi, Yunnan, and Ningxia, the application is not required to be subject to foreign investment approval, and the business scope excludes franchising.
II. See Annex for the business scope of the individual industrial and commercial household of which a Taiwan resident may apply for establishment. Restrictions on the number of employees and the business areas are lifted.
III. The specific registration measures for the establishment of individual industrial and commercial households by Taiwan residents in the Mainland shall be separately issued.
IV. The application of a Taiwan farmer for the registration of an individual industrial and commercial household in the cross-straits agricultural cooperation experimental zones and pioneer parks of Taiwan farmers shall be governed by the Several Opinions on the Administration of Taiwan Farmers' Applications for the Registration of Individual Industrial and Commercial Households in Cross-Straits Agricultural Cooperation Experimental Zones and Pioneer Parks of Taiwan Farmers (No. 17 [2007], State Administration for Industry and Commerce).
Taiwan Affairs Office of the State Council
Publicity Department of the CPC Central Committee
National Development and Reform Commission of the People's Republic of China
Ministry of Science and Technology of the People's Republic of China
Ministry of Industry and Information Technology of the People's Republic of China
Ministry of Public Security of the People's Republic of China
Ministry of Civil Affairs of the People's Republic of China
Ministry of Justice of the People's Republic of China
Ministry of Human Resources and Social Security of the People's Republic of China
Ministry of Environmental Protection of the People's Republic of China
Ministry of Transport of the People's Republic of China
Ministry of Commerce of the People's Republic of China
Ministry of Culture of the People's Republic of China
State Administration for Industry and Commerce of the People's Republic of China
State Administration of Press, Publication, Radio, Film and Television of the People's Republic of China
General Administration of Sports
China Food and Drug Administration
State Post Bureau
State Administration of Cultural Heritage
State Administration of Foreign Exchange
December 2015
Annex
Business Scope of the Individual Industrial and Commercial Households Taiwan Residents Apply to Establish (Omitted)