Foreign enterprises which have the need to set up permanent representative organs in China must go through such formalities of submitting application, obtaining approval and registration. Those failed to get the approval or registration are not allowed to establish representative organs in China.

¢ñ Application for setting up permanent representative organs in China by foreign enterprises shall be approved by the following departments according to features of different sectors:

1. Trade, manufacturing and cargo shipping agent firms shall report to the Ministry of Commerce for approval;

2. Banking, securities and insurance companies shall report to the country¡¯s supervision and administration commission of banking, securities and insurance industries for approval;

3. Ocean shipping and ocean shipping agent firms shall report to the Ministry of Communications for approval.

4. Air transportation shall report to the Civil Aviation Administration of China (CAAC) for approval.

5. Other industries shall report to competent commissions, ministries and administrations of the Chinese Government on the basis of different business features of the industries.

¢ò Foreign enterprises shall submit the following certificates and materials when applying for setting up permanent representative offices in China:

1. Application signed by chairman of the board of directors or general manager, with contents covering name of the representative organ, person in charge, business scope, terms of operation and location of the organ.

2. Official business license issued by countries or regions where the enterprises are located.

3. Capital credit certificate issued by financial institutions which have business contacts with the enterprise.

4. Certificate of authorization and resume of staffs working in the permanent representative organs.

5. For financial and insurance enterprises which apply for setting up permanent representative organs in China, beside the above required certificates and materials, they shall also submit materials on asset, statement of profit and loss, organization regulations and rules, and name list of the board of directors of the headquarter corporation.

¢ó Upon approval of the application for setting up permanent representative organs, foreign enterprises shall go through registration formalities in the State Administration for Industry and Commerce of the People¡¯s Republic of China with the approval certificate within 30 days starting from the day of the approval. The registration formalities include filling forms, handing registration fee and receiving registration certificate, and those fail to get the registration in the time limit shall return the approval certificate.