REGISTRATION OF RESIDENT REPRESENTATIVE OFFICES

Check-list of Post-establishment Registrations and Filing Procedures in respect of a Resident Representative Office of a Foreign Enterprise

After a foreign enterprise's ("Company"'s) representative office ("RO") is approved and has received its Registration Certificate, PRC laws and regulations require the RO, and in certain cases, its personnel, to carry out certain administrative registrations and filings. The standard post-establishment procedures prescribed by the national authorities are set out below.

1. LOCAL PUBLIC SECURITY BUREAU ("PSB") (公安局)

1.1 Filing and Registration Record (备案登记簿）
Within 10 days of the issuance of the Registration Certificate, the RO is required to file with the competent local PSB:
(a) the Approval Certificate; and
(b) the Registration Certificate
The PSB will issue a Filing and Registration Record (备案登记簿).

1.2 Office Chops
The RO is further required to apply for office chops with the competent local PSB, and has to provide the following documents:
(i) Application letter signed by legal representative;
(c) Filing and Registration Record; and
(d) 1 original and 1 photocopy of personal identification or passport ("ID") of individual(s) authorized (a simple introduction letter of the Company would suffice) to apply to make the chop.
The PSB will allow the RO to have the chops made at a designated unit.

2. LOCAL TECHNICAL SUPERVISION BUREAU ("TSB") (质量技术监督局)

The RO has to apply for the Enterprise Organization Code with the competent local TSB, and has to provide the following documents:
(i) Application form;
(ii) Registration Certificate, 1 original and 1 copy;
(iii) 1 copy of ID of the legal representative of the RO;
(iv) Approval Certificate; and
(v) Office Chop.
The competent local TSB will issue a Certificate of Enterprise Organization Code (组织机构代码证) (also referred to as "IC Card"), providing 1 original, 1 copy and 1 electronic copy.

3. LOCAL ADMINISTRATION OF FOREIGN EXCHANGE ("AFE") (地方外汇管理局)

The RO has to register with the competent local Administration of Foreign Exchange. The following documents have to be submitted for such registration:
(i) Registration Form;
(ii) Registration Certificate;
(iii) Approval Letter, Approval Certificate;
(iv) Certificate of Enterprise Organization Code; and
(v) Office Chop.
The AFE will issue (i) a Foreign Exchange Account License (外汇帐户开户许可证) and (ii) a Foreign Exchange Registration Certificate (外汇登记证).

4. LOCAL BANK

The RO is required to open an Renminbi (RMB, official currency of China) and a foreign exchange bank account. The following items are required:
(i) Registration Certificate;
(ii) Approval Certificate, Approval Letter;
(iii) Certificate of Enterprise Organization Code;
(iv) Foreign Exchange Account License;
(e) Foreign Exchange Registration Certificate;
(f) the Office chop, finance chop and the chief representative's chop;
(v) ID (1 original and 1 photocopy) of the legal representative;
(vi) Introduction letter of RO; and
(vii) ID (1 original and 1 copy) of each individual of the Company's finance staff that is authorized to open accounts.
The bank will issue account books for (i) a foreign exchange account and for (ii) a RMB account.

5. LOCAL TAX BUREAU (地方税务局)

The RO has to register within 30 days of the issuance of the Registration Certificate with the competent local Tax Bureau. It needs to submit the following documents:
(i) Registration Certificate;
(ii) Approval Certificate;
(iii) Evidence of Bank Account (account book);
(iv) Certificate of Enterprise Organization Code; and
(v) ID of the individual filing the application.
The competent local Tax Bureau will issue (i) a local Tax Registration Certificate (地税登记证) and (ii) a State Tax Registration Certificate (国税登记证).

6. LOCAL CUSTOMS BUREAU (海关)

The RO is required to register with the local Customs Bureau and has to provide the following:
(i) Registration Certificate.
(ii) Approval Certificate;
(iii) Certificate of Enterprise Organization Code; and
(iv) any other documents Local Customs Bureau may require.
The competent local Customs Bureau will issue a Customs Registration Certificate（海关登记证）.

7. PROCEDURES IN REGARD TO FOREIGN EMPLOYEES

ROs that plan to employ foreign nationals are required to comply with the following procedures:

(a) Directly obtain the Work Permit (《中华人民共和国外国人就业许可证书》) from the local Labour and Social Security Bureau ("LSSB") on submission of the following documents:
(i) Curriculum Vitae of the prospective foreign employee;
(ii) Employment Proposal;
(iii) Report on the reason of employing a foreign person for the job;
(iv) The prospective employee's qualification for the job;
(v) Health status of the prospective employee;
(vi) Employer's business Approval Certificate;
(vii) 5 passport photos (2 inch sized); and
(viii) any other documents required by PRC laws and regulations.

(b) Apply for a Working Visa from the Chinese Embassy in the proposed foreign employee's home country.
(c) Within 15 days after the foreign employee arrives in China, he/she shall apply to obtain the Working Certificate from the local LSSB on submission of the following documents:
(i) Work Permit;
(ii) Employment contract;
(iii) Passport; and
(iv) 5 passport photos (2 inch sized);
(d) Within 30 days after the foreign employee arrives in China , he/she shall apply to the local PSB for a Foreigner Resident Permit (《外国人居留证》)on submission of the Working Certificate.

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