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Opinions on the Registration Administration on the Application for Establishing Individually Owned Stores in Some Provinces and Cities in the Mainland by Taiwan Residents

Thursday, 26 July 2012 09:56

 

 

Gong Shang Ge Zi `2012` No.47

March 26, 2012

The industrial and commercial administrative bureaus of Beijing municipality, Shanghai municipality, Jiangsu province, Zhejiang province, Fujian province, Hubei province, Guangdong province, Chongqing municipality, and Sichuan province,

The following opinions on the registration administration on the application for establishing individually owned stores in the mainland by Taiwan residents are hereby proposed pursuant to the provisions of the Circular on Opening up the Application for Establishing Individually Owned Stores by Taiwan Residents (Guo Tai Fa `2011` No.3), Regulations on Individual Businesses, Administrative Measures for the Registration of Individually-owned Business, Administrative Measures for the Registration of Names of Individually Owned Stores and other relevant regulations and rules for the purpose of encouraging Taiwan residents to invest or initiate career in the mainland and continuously deepening the economic cooperation and trade between the two sides of the Taiwan Strait.

Article 1 From January 1, 2012, where Taiwan residents intend to apply for registration of individually owned stores within Beijing municipality, Shanghai municipality, Jiangsu province, Zhejiang province, Fujian province, Hubei province, Guangdong province, Chongqing municipality, and Sichuan province, they shall not be subject to foreign investment examination and approval and shall be registered directly by the industrial and commercial administrative bureaus of counties, autonomous counties, municipalities without districts, and districts under the municipalities at the locality of the operation place (hereafter referred to as the "Registration Authorities") pursuant to relevant state laws, administrative regulations and rules.

Article 2 The business scope where Taiwan residents running individually owned stores may apply for the registration includes retail industry and catering, but excluding franchising. The organization form of individually owned stores of Taiwan residents shall only be limited to individual operation. The practicing personnel shall not exceed 8 persons, and the business areas shall not exceed 300 square meters. From April 1, 2012, the practicing personnel shall not exceed 10 persons, and the business areas shall not exceed 500 square meters.

Article 3 The application for the registration of individually owned stores by Taiwan residents shall be handled according to the Regulations on Individual Businesses, Administrative Measures for the Registration of Individually-owned Business and other regulations and rules. In the Application for Opening Registration of Individually Owned Stores executed by the applicant and the Application for Change of Registration of Individually Owned Stores executed by the applicant, the column of "Operator" in the application shall not be filled, instead, the Registration Form of Operators of Individually Owned Stores (for Taiwan Residents) (See Appendix I for the sample) shall be filled as a substitute; identity certification of the applicant shall be the Travel Permit for Taiwan Residents to Enter and Exit the Mainland (See Appendix II for the sample).
Individually Owned Stores

Article 4 The examination on the registration items of Individually Owned Stores by Taiwan residents shall be handled according to the Regulations on Individual Businesses, Administrative Measures for the Registration of Individually-owned Business and other regulations and rules, among them:
1. "Name", it shall be implemented according to relevant provisions of Administrative Measures for the Registration of the Names of Individually Owned Stores and shall use the language and words complying with national standards.
2. "Name of the Operator", besides the examination on the name of the operator, words of "Taiwan Residents" shall be added after the name of the operator.
3. "Domicile of the Operator", relevant information of the operator at the locality of the operation place shall be filled.

Article 5 The Registration Authorities, after having accepted the application for opening registration and the application for change of registration of individually owned stores by Taiwan residents, shall examine the application materials and shall make a decision on whether to permit the registration or not within 15 days upon the date of acceptance of the application.

Article 6 The annual license review of individually owned stores by Taiwan residents and the daily regulatory work shall be implemented according to relevant current laws, administrative regulations and rules.

Article 7 The registration and administration of individually owned stores of Taiwan farmers shall be implemented according to the relevant provisions on the registration and administration of individually owned stores of Taiwan farmers for establishing individually owned stores in the cross-strait agricultural cooperation experimental area and Taiwan farmers pioneer park by Taiwan farmers.

Article 8 Each region shall organize the staff engaging in the registration and regulatory affairs to study relevant polices and regulations, earnestly strengthen professional training and make efforts to raise service quality and regulatory effectiveness.

 

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