国务院发布《关于取消和调整一批行政审批项目等事项的决定》 (22/07/2014)

工商总局发布《关于做好工商登记前置审批事项改为后置审批后的登记注册工作的通知》 (19/08/2014)

On July 22, 2014, the State Council promulgated the Decision of the State Council on Cancelling and Adjusting a Batch of Administrative Examination and Approval Items (the Decision).

The Decision (i) cancelled or delegated 45 administrative examination and approval items, (ii) cancelled 11 occupational qualification licensing and certification items, and (iii) modified 31 items (the Post- Registration Approval Items) that were previously subjected to examination and approval before registration at the applicable administration for industry and commerce (AIC) to become items that require examination and approval after AIC registration. These 31 items include the following:

  • Certification of the qualification for intermediary service institutions for self-funded overseas students
  • Examination and approval of coal mining
  • Permission for disposal of waste electrical and electronic products
  • Examination and approval of international maritime transportation operations and maritime transport supporting operations
  • Examination and approval of operation of international ship administration business
  • Examination and approval of operation of domestic waterway transport and waterway transport business
  • Permission for port operation
  • Verification and issuance of the license for veterinary drug production
  • Certification of the qualification for tractor driving training schools and driving training classes
  • Verification and issuance of the license for operation of veterinary drugs
  • Verification and issuance of the agricultural machinery maintenance technology qualification certificates
  • Examination and approval of the establishment of China-foreign equity or cooperative joint performance brokerage institutions
  • Examination and approval of the establishment of China-foreign equity or cooperative joint business entities of performance places
  • Examination and approval of the establishment of equity or cooperative joint or solely funded performance brokerage institutions in the mainland by investors from Hong Kong and Macao
  • Examination and approval of the establishment of equity or cooperative joint or solely funded business entities of performance places in the mainland by investors from Hong Kong and Macao
  • Examination and approval of the establishment of equity or cooperative joint performance brokerage institutions in the mainland by investors from Taiwan
  • Examination and approval of the establishment of equity or cooperative joint business entities of performance places in the mainland by investors from Taiwan
  • Examination and approval of the establishment of domestic-funded performance brokerage institutions
  • Examination and approval of China-foreign equity or cooperative joint entertainment places
  • Examination and approval of the establishment of domestic-funded art performance groups
  • Examination and approval of the establishment of domestic-funded entertainment places
  • Examination and approval of the establishment of Internet access service business sites
  • Sanitary licensing of public places (excluding the sanitary licensing of parks, stadiums and public transport carriers)
  • Examination and approval of the establishment of branches by foreign-invested advertising enterprises
  • Verification and issuance of the port sanitary license
  • Permission for inspection and testing of imported and exported commodities
  • Examination and approval of the establishment, alternation of business scope or merger, consolidation and division of a movie distribution unit
  • Examination and approval of the establishment, alternation of business scope or merger, consolidation and division of a movie projection unit
  • Examination and approval of qualification for travel agencies to operate outbound tourism business
  • Business licensing of foreign-invested travel agencies
  • Verification and issuance of the business license for a travel agency

In accordance with legal procedures, the State Council will submit a proposal to amend provisions of relevant laws and regulations to the Standing Committee of the National People's Congress.

To support the Decision, on August 19, 2014, the State Administration for Industry and Commerce (the SAIC) released the Circular on Effectively Carrying out the Work of Business Registration since the Matters Subject to Prior Examination and Approval for Registration Were Changed to Post Examination and Approval (the Circular).

Under the Circular, AICs are required to effectively carry out the work of business registration after the adjustment to the examination and approval procedures for the purpose of business registration in an orderly manner, as summarized below.

Change in Registration Procedures

The Circular provides that as the Post-Registration Approval Items are no longer required to be examined and approved prior to business registration, the applicants are no longer required to submit the relevant licenses or certificates issued by the relevant examination and approval authorities.

The Registration of Business Scope

The Circular also specifies that AICs should, in accordance with the articles of association, partnership agreement or applications of an enterprise and with reference to the Industrial Classification for National Economic Activities, register the business scope and indicate such registration under the "business scope" column of the business license.

Improve the registration management information systems and the enterprise credit database

Additionally, the Circular provides that AICs at all levels should timely adjust the catalog for the ex-ante approval items in the registration and management information system and information query system, and ensure the steady operation of such systems. The enterprise credit database should be improved as well and the registered information shall be disclosed timely to the public.

Conclusion

The change in the business registration from ex-ante approval to post-ante approval is an important part of the business-registration-system reform.

  • Decision of the State Council on Cancelling and Adjusting a Batch of Administrative Examination and Approval Items
  • 《国务院关于取消和调整一批行政审批项目等事项的决定》
  • Issuing authority: the State Council
  • Date of issuance: July 22, 2014 / Effective date: July 22, 2014
  • The Circular on Effectively Carrying out the Work of Business Registration since the Matters Subject to Prior Examination and Approval for Registration Were Changed to Post Examination and Approval
  • 《关于做好工商登记前置审批事项改为后置审批后的登记注册工作的通知》
  • Issuing authority: the State Administration for Industry and Commerce
  • Date of issuance: August 19, 2014 / Effective date: August 19, 2014