Interim Provisions for the Administration of Foreign Chambers of Commerce in China (Revised in 2013)

Order of the State Council of the People's Republic of China No.645

December 7, 2013

(Promulgated by Order of the State Council of the People's Republic of China No. 36 on June 14, 1989; revised according to the Decision of the State Council on Revising Some Administrative Regulations on December 7, 2013)

Article 1 These Provisions are formulated with a view to promoting international trade and economic and technological exchanges, strengthening the administration of foreign chambers of commerce and protecting their legitimate rights and interests.

Article 2 A foreign chamber of commerce in China refers to a non-profit-making organization which is set up in accordance with these Provisions within the Chinese territory by foreign commercial establishments and personnel in the Chinese territory and does not engage in any business transactions.
The activities of foreign chambers of commerce in China shall be aimed at promoting trade and economic and technological exchanges between their members and Chinese counterparts and facilitating their research in and discussions about the development of international trade and economic and technological exchanges.

Article 3 Foreign chambers of commerce in China must abide by the laws and regulations of the People's Republic of China and shall not jeopardize the state security and social and public interests of China.

Article 4 For the setting up of a foreign chamber of commerce in China, the following conditions shall be satisfied:
1. articles of association reflecting the common will of the Chamber's members;
2. a certain number of sponsoring members and responsible persons;
3. premises as its permanent office;
4. lawful sources of funds.

Article 5 Foreign chambers of commerce in China shall be set up according to their respective country origins and may have both group members and individual members.
Group members mean those which join the chamber in the name of commercial establishments. Commercial establishments refer to representative offices or branches set up in the Chinese territory
according to law by foreign companies, enterprises and other economic organizations.
Individual members mean those staff members of non-Chinese nationality working in commercial establishments or enterprises with foreign investment and joint the chamber in their own names.

Article 6 The name of a foreign chamber of commerce in China shall be preceded by the name of its own country plus the word "China".

Article 7 After the application for the setting up of a foreign chamber of commerce in China has been examined and approved by the examining authorities, the chief sponsor shall, in accordance with the stipulations of these Provisions and other relevant laws and regulations, submit the approval certificate to the Ministry of Civil Affairs of the People's Republic of China (hereinafter referred to as the registration authorities) for registration. A foreign chamber of commerce in China is established at the time its registration is accepted and a registration certificate is issued.


Article 8 The written application for the setting up of a foreign chamber of commerce in China shall be duly signed by the chief sponsor and accompanied by the following papers:
1. Articles of association of the chamber in quintuplicate, in which the following items shall be included:
(1) name and address;
(2) organizational structure;
(3) names and status of the Chairman, Vice-Chairmen and Managing Director;
(4) procedure for the admission of members and their rights and obligations;
(5) scope of activities;
(6) financial information.
2. A list of the sponsoring members of the chamber in quintuplicate with the group members and individual members listed separately. For each of the group members, the name, address, business scope and names of the responsible persons shall be indicated. For each of the individual members, the name of the commercial establishment or enterprise with foreign investment for which the individual member works, as well as his position and personal resume or a brief account of his commercial activities in China shall be indicated.
3. Name and resume of each of the Chairman, Vice-Chairmen and Managing Director of the chamber in quintuplicate.

Article 9 A foreign chamber of commerce in China shall set up account books in its office. Its membership fees and other funds obtained in accordance with the stipulations of its Articles of Association shall be used to cover the expenditures specified in its Articles of Association and shall not, under any name, be used as payments to its members or remitted out of the Chinese territory.

Article 10 A foreign chamber of commerce shall submit an activity report of the previous year to the Administrative Authority of Registration in January each year.
The China Council for the Promotion of International Trade shall provide consultancy and services to foreign chambers of commerce for the establishment, engagement in activities and liaison with the competent authorities in China.

Article 11 Where a foreign chamber needs to revise the articles of association, replace the chairman, vice-chairman and general executives or change the office address, it shall handle the registration of change in accordance with Articles 7 and 8 hereof.

Article 12 A foreign chamber of commerce in China shall subject itself to the supervision of relevant Chinese authorities.
Should a foreign chamber of commerce in China violate these Provisions, the registration authorities have the power to apply sanctions by imposing a warning or fine on it, suspending its activities for a specific period, revoking its registration or ordering to ban it.

Article 13 When a foreign chamber of commerce in China is to be dissolved, it shall submit an application duly signed by its Chairman together with a certificate proving the completion of its liquidation to the registration authorities for cancelling its registration.
A foreign chamber of commerce in China shall stop any of its activities as of the date when it returns its registration certificate to the registration authorities.

Article 14 These Provisions shall go into effect as of July 1, 1989.