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Article 1. With a view to encouraging foreign companies, enterprises and other economic organizations (hereinafter referred to foreign investors) to establish convention & exhibition companies with foreign investment within the territory of China and to hold foreign trade, economic and technology exhibitions and conferences that are of international scale and influence, the present Provisions are hereby formulated in accordance with the Law of the People's Republic of China on Sino-foreign Equity Joint Venture Enterprises and the Law of the People's Republic of China on Sino-foreign Contractual Joint Ventures, and the Law of the People's Republic of China on Foreign-funded Enterprises. Article 2. The state encourages the introduction of international advanced know-how in aspects of organizing conventions and exhibitions and special seminars to promote the development of the convention & exhibition industry of our country, and create favorable social and economic benefits. The lawful business activities of the convention & exhibition companies within the territory of China and their legal rights and interests are subject to the protection of Chinese Laws. Article 3. The Ministry of Commerce of the People's Republic of China (hereinafter referred to the Ministry of Commerce) and its authorized competent commerce departments shall be the departments examining and approving and administering the convention & exhibition companies with foreign investment. Article 4. A convention & exhibition company with foreign investment, which is established upon approval, may undertake the following businesses prescribed: (1) Sponsoring or undertaking the various economic and technological exhibitions and conferences within the territory of China; and (2) Holding conferences overseas. Unless there are otherwise state provisions on holding exhibitions or conferences home and abroad, those provisions shall be followed. Article 5. Foreign investors are allowed according to the present Provisions to establish a wholly foreign-owned convention & exhibition company or establish convention & exhibition companies with foreign investment with the Chinese companies, enterprises or other economic organizations (hereinafter referred to the Chinese investors) in the form of equity joint ventures or contractual joint ventures within the territory of China according to the principle of equality and mutual benefits. Article 6. Foreign investors who apply for establishing convention & exhibition companies with foreign investment shall have the experiences and outstanding achievements for sponsoring international expositions, special exhibitions or international conferences. Article 7. An applicant shall, when applying for establishing a convention & exhibition company with foreign investment, submit the following documents to the competent commerce department at the provincial level at the place where the company to be established is located: (1) The application signed by investors for establishing the convention & exhibition company with foreign investment; (2) Contracts and articles of association of the convention & exhibition company with foreign investment signed by investors (for a wholly foreign-owned convention & exhibition company, only the articles of association shall be submitted.) (3) The registration certificate (photocopy), certificate of legal representative (photocopy), letter of accreditation for the members of the board of directors and the credit letter of banks of the investors; (4) Notice of approval in advance for the name of the convention & exhibition company to be established issued by the administrative department for industry and commerce (photocopy); and (5) The documents proving that the foreign investors have ever sponsored international expositions, international special exhibitions or international conferences. Article 8. The competent commerce departments at the provincial level shall, within 30 days from the date of receiving the entire documents prescribed in Article 7 of the present Provisions, make decision on whether to approve or not. If it decides to grant approval, the Certificate of Approval for Enterprises with Foreign Investment shall be issued. If it decides not to approve, it shall explain the reason, and notify the applicant of his right to apply for administrative reconsideration according to law or to file an administrative litigation. Article 9. The applicants shall, within one month after receiving the Certificate of Approval for Enterprises with Foreign Investment, go through registration formalities at the administrative department for industry and commerce. Article 10. Where a convention & exhibition company with foreign investment applies for sponsoring foreign economic and technological exhibition within the territory of China, it shall be transacted in accordance with the relevant state provisions. The measures for the administration on the convention & exhibition companies with foreign investment who attract exhibitions within the territory of China to take part in the international economic and trade exhibitions held overseas or hold international economic and trade exhibitions at overseas shall be prescribed separately. Article 11. In case a convention & exhibition company with foreign investment changes its Chinese and foreign investors, or the share right, or establishes branches, it shall report to the competent commerce department at the provincial level for approval according to the present Provisions, and go through registration formalities for alteration of business license at the administrative department for industry and commerce. Article 12. Where a convention & exhibition company imports exhibitions, the customs shall handle import formalities in accordance with the relevant supervision measures for importing exhibitions and make supervision over it. Article 13. The present Provisions shall be referred to for the establishment of convention & exhibition companies in the Mainland by the companies, enterprises and other economic organizations of Hong Kong Special Administration Region, Macao Special Administration Region and Taiwan Region. Article 14. The interpretation of the present Provisions shall remain with the Ministry of Commerce. Article 15. The present Provisions shall come into force 30 days from the date of their promulgation. |
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