saic.gov.cn Annual Examination For Foreign Invested Enterprises China : State Administration For Industry & Commerce

Organization : State Administration For Industry & Commerce
Type of Facility : Annual Examination For Foreign Invested Enterprises
Country: China

Website : http://www.saic.gov.cn/english/index.html
Annual Examination : http://202.108.90.68/ae/ae_1.html

Annual Examination For Foreign Invested Enterprises :

The online annual examination will apply to foreign invested enterprises and foreign (region) enterprises directly registered at the State Administration for Industry and Commerce during the annual examination of 2005.

Related : State Administration For Industry & Commerce Establishment/ Modification/ Cancellation Registration China : www.statusin.org/9021.html

Enterprises can visit the “Online Annual Examination System for Foreign Investment enterprises, https://web.archive.org/web/20150226090744/http://wznj.saic.gov.cn:80/” or the Official Site for Registration of Foreign Investment enterprises in China, wzj.saic.gov.cn and complete the online annual examination report as required, which will be reviewed and approved by the State Administration for Industry and Commerce.

After passing the online pre-examination, enterprises should print out the annual examination report with two dimensional bar codes (to be sealed with the official seal and signed by legal representative or person in charge) and submit to the State Administration for Industry and Commerce along with other necessary documents for annual examination.

I. Time of Examination:
1. Enterprises shall submit the documents for annual examination to registration authority from March 1, 2006 to June 30, 2006.
2. Enterprises should submit application for postpone to registration authority before June 30, 2006. An extension of 30 days will be granted after the approval of registration authority.
3. Enterprises registered in 2006 shall apply for annual examination since 2007.

II. Procedures of the annual examination:
1. The enterprise applies for online annual examination;
2. The registration authority accepts the application and conduct online pre-examination;

3. The enterprise having passed the online pre-examination submits the annual examination report and other related documents;
4. The registration authority checks the completeness, authenticity and conformity of those documents;
5. The enterprise having passed the annual examination pays an examination fee of RMB fifty yuan;
6. The registration authority posts the annual examination seal on the business license (duplicate), which will then be returned to the enterprise.

III. Enterprises applying for the annual examination of 2005 should submit the following documents after passing the online pre-examination:
1. The original annual examination report with two dimensional bar codes;
2. Certification of Representative or Agency of Enterprises Examination Report;
3. The duplicate of the business license;

4. An enterprises whose business scope includes pre-examination and approval items should submit duplicate of related licenses or certificates (to be sealed with the official seal).
5. Foreign Invested Enterprises shall submit the annual audit report issued by public accounting office.
6. Enterprises which have unincorporated branches shall submit photocopy of branch business license (duplicate).
7. Enterprises in the procedure of clearing should only submit documents of the first article.

IX. Notes for submitting documents for the annual examination:
1. Enterprises should carefully read Instruction for Application and the Application Procedure before completing the annual examination report, and ensure the authenticity of contents filled. After passing the online pre-examination, enterprises should print out the annual examination report with two dimensional bar codes (to be sealed with the official seal and signed by legal representative or person in charge)

2.An enterprises whose business scope includes pre-examination and approval items should submit related licenses or certificates. Items listed on the license, such as title, domicile and legal representative of the enterprise should be in conformity with related items registered on the business license, and the validity period of the license should be confirmed.

3. The audit report should be signed and sealed by two certified accountants. It should also be sealed with the official seal of a qualified accounting firm or audit firm, of which the photocopy of the business license duplicate should also be accompanied

4. All photocopies submitted by the enterprise as required should be in conformity with original documents, and should be sealed with the official seal for confirmation.
5. Laser printer is recommended for printing the annual examination report after passing the online pre-examination.

V. Penalties posed on enterprises violating regulations of the annual examination:
1. An enterprise which does not accept annual examination in accordance with the relevant provisions shall be ordered to accept the annual examination within a fixed time limit by the registration authority. A company which does not accept annual examination in accordance with the relevant provisions shall be fined at least RMB 10,000 and no more than RMB 100,000.

A subsidiary company, an unincorporated business entity and its branches, a foreign (region) enterprise which has business in China or other business entities which do not accept annual examination in accordance with the relevant provisions shall be fined no more than RMB 30,000.

A partnership business, sole proprietorship and its branches which do not accept annual examination in accordance with the relevant provisions shall be fined no more than RMB 3,000. For business entities failing to accept the annual examination within a fixed time limit, a public announcement will be made by the registration authority.

If they still fail to submit application for the annual examination within 60 days from the date of issuing the announcement, the registration authority will revoke their business licenses.

2. An enterprise which conceals real situations and practices fraud shall be ordered to remedy the wrongs within a fixed time limit by the registration authority. A company which conceals real situations and practices fraud will be subject to a fine at least RMB 10,000 and no more than RMB 50,000.

If the case is serious, the company’s business license shall be revoked. A subsidiary company, an unincorporated business entity and its branches, a foreign (region) enterprise which has business in China or other business entities which conceal real situations and practices fraud shall be fined no more than RMB 30,000. A partnership business, sole proprietorship and its branches which conceal real situations and practices fraud shall be fined no more than RMB 3,000.