home about us services download faq site map
Foreign Investment in China
China Business Registration
China Taxes
Laws and Regulations
Expatriate's Corner
Scope of Services
Downloads
Frequently Asked Questions
Wholly Foreign Owned Enterprises (WFOE)
A Wholly Foreign Owned Enterprise (WFOE) is a Limited Liability Company established in China by foreign investor(s). A WFOE is very much like a LLC in the USA that it requires one member only.
More
The registration procedures of a Wholly Foreign Owned Enterprise (WFOE) could be divided into 3 phases: aproval phase, registration phase and post-establishment phase.
More
A Wholly Foreign Owned Enterprise (WFOE) could be terminated by way of liquidation or deregistration by its investor(s) or when the conditions of termination in its Articles of Association occurs.
More
China Taxation
Under the current tax system in China, there are 25 types of taxes which could be divided into 8 categories. The major ones are Business Tax, Value Added Tax and Enterprise Income Tax. More
Representative Offices are also liable for Business Tax and Enterprise Income Tax. However, a RO could be exempted if its parent company is in the manufacturing business.
More
Any individual who has domicile in China or who has no domicile in China but has resided in China for one year or more shall pay Individual Income Tax on his world-wide income.
More
CHINA BUSINESS REGISTRATIONS
RESIDENT REPRESENTATIVE OFFICES


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.

 
Hong Kong Head Office              Room 803, Futura Plaza, 111 How Ming Street, Kwun Tong, Hong Kong
                                                 TEL +852 2341 1444      FAX +852 2341 1414      E-mail info@bycpa.com

Shenzhen Office   TEL +86 (0755) 82684480 82684483 82684484 FAX +86 (0755) 82684481
Shanghai Office   TEL +86 (021) 64394114 64399276 FAX +86 (021) 64394414
Beijing Office   TEL +86 (010) 68748420 68748422    FAX +86 (010) 68748421