Announcement of the Management Committee of Qianhai Shekou Area of China (Guangdong) Pilot Free Trade Zone on the Recordation Administration of the Formation and Modification of Foreign-Funded Enterprises

• Area of Law： Enterprises Foreign-funded Enterprises
• Level of Authority： Local Regulatory Documents
• Date issued：10-08-2016
• Effective Date：10-01-2016
• Status： Effective
• Issuing Authority： Other Institutions of Shenzhen City

Announcement of the Management Committee of Qianhai Shekou Area of China (Guangdong) Pilot Free Trade Zone on the Recordation Administration of the Formation and Modification of Foreign-Funded Enterprises
Enterprises in Qianhai Shekou Area of China (Guangdong) Pilot Free Trade Zone:
In accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Foreign-Funded Enterprises and Three Other Laws, from October 1, 2016, the management mode of the negative list for foreign investment shall be implemented across the country and the formation and modification of the foreign-funded enterprises and enterprises funded by Taiwan compatriots which are not involved in the special administrative measures as prescribed by the state shall be subject to the recordation administration in lieu of administrative approval.
To support the adjustment, the Ministry of Commerce has upgraded and transformed its system for the formation and modification of foreign-funded enterprises. From October 1, 2016, the use of “one-stop acceptance” platform for the foreign investment in Qianhai Shekou Area of China (Guangdong) Pilot Free Trade Zone will be suspended. For the purpose of effectively conducting the recordation for the formation and modification of the foreign-funded enterprises in this Area, the relevant matters are hereby announced as follows:
I. The foreign investment-related formation and modification shall still be subject to “combined handling of multiple certificates” acceptance mode and the acceptance window shall remain the same.
II. Among the matters regarding the formation and modification of foreign-funded enterprises which were accepted before October 1, 2016, for those which have not been completed, the relevant handling procedures shall be terminated and the matters shall be returned. Enterprises shall make their declarations via the upgraded and transformed recordation system and find the detailed declaration procedure in the Annex.
III. From October 1, 2016, foreign-funded enterprises or investors shall, when handling the recordation matters, make their declarations in the comprehensive foreign investment management information system (http：//wzzxbs.mofcom.gov.cn); those involved in the special administrative measures as prescribed by the state shall make their declarations at the website of Shenzhen Municipality for the administration of the approval of foreign-funded enterprises (http：//wzfw.szjmxxw.gov.cn).
Annex: 1. Interim Measures for the Administration of the Formation and Modification of Foreign-funded Enterprises (Omit)
2. Operation Guidelines for the Formation and Modification of Foreign-funded Enterprises
3. Operation Manual for the Recordation System for Formation and Modification of Foreign-funded Enterprises
Management Committee of Qianhai Shekou Area of China (Guangdong) Pilot Free Trade Zone
October 8, 2016
Operation Guidelines for the Formation and Modification of Foreign-funded Enterprises
During the upgrading and transformation of the “one-stop acceptance” platform for the foreign investment in the Qianhai Shekou Area of China (Guangdong) Pilot Free Trade Zone, the procedure for the formation and modification of foreign-funded enterprises (not on the “negative list”) in this Area shall be as follows:
I. Procedure for the modification of foreign-funded enterprises
Enterprises shall, after obtaining the pre-approval of enterprise name and before the issuance of business licenses, or within 30 days after the issuance of business licenses, fill out and submit the Application Form for the Recordation for the Formation of Foreign-Funded Enterprises and the relevant documents in the National Foreign Investment Recordation System and undergo the formalities for the formation recordation. The specific procedure shall be as follows:
1. Independent declaration for enterprise name
The independent declaration for enterprise name shall be made at the official website of the Market and Quality Supervision Commission of Shenzhen Municipality (http：//www.szscjg.gov.cn/);
2. Address affiliation
The address affiliation shall be conducted at the Shenzhen Qianhai Shekou Branch of the Online Service Hall (http：//www.szqh.gov.cn);
3. Recordation for foreign investment (before the issuance of business licenses, or within 30 days after the issuance of business licenses);
The recordation for foreign investment shall be conducted in the National Foreign Investment Recordation System (http：//wzzxbs.mofcom.gov.cn/entpIndex.html);
4. Registration
The registration shall be conducted at the official website of the Market and Quality Supervision Commission of Shenzhen Municipality (http：//www.szscjg.gov.cn/).
II. Procedure for the modification of foreign-funded enterprises:
Enterprise shall, within 30 days after the modification, fill out and submit the Application Form for the Recordation for the Formation of Foreign-Funded Enterprises and the relevant documents in the National Foreign Investment Recordation System and undergo the formalities for the modification recordation. The specific procedure shall be as follows:
1. The registration for modification shall be conducted at the official website of the Market and Quality Supervision Commission of Shenzhen Municipality (http：//www.szscjg.gov.cn/);
2. The formalities for the modification registration shall be undergone in the National Foreign Investment Recordation System (http：//wzzxbs.mofcom.gov.cn/entpIndex.html) within 30 days after the modification.
For any question, please call 0755 8898 8988.