设立外商投资会议展览公司暂行规定

商务部令[2004]年第1号

（Promulgated by the Ministry of Commerce on 13 January 2004 and effective 30 days after the date of promulgation.）

颁布日期：20040113 　实施日期：20040213 　颁布单位：商务部

Article 1　These Provisions have been specially formulated in accordance with the PRC， Sino-foreign Equity Joint Venture Law， PRC， Sino-foreign Co-operative Joint Venture Law， PRC， Wholly Foreign-owned Enterprise Law and other relevant laws and regulations in order to encourage foreign companies， enterprises and other economic organizations （Foreign Investor（s）） to establish foreign-invested convention and exhibition companies in China to hold foreign economic and technology exhibitions and conventions of international scale and influence.

Article 2　The State encourages the introduction of internationally advanced proprietary technology for organization of conventions， exhibitions and professional exchanges to establish foreign-invested convention and exhibition companies， promote the development of the convention and exhibition industry in China and create good social and economic benefits. The legitimate business activities and the lawful rights and interests of foreign-invested convention and exhibition companies in China shall be protected by the Chinese law.

Article 3　The Ministry of Commerce of the People's Republic of China （MOFCOM） and its authorized departments in charge of commerce are the authorities in charge of the examination， approval and administration of foreign-invested convention and exhibition companies.

Article 4　A foreign-invested convention and exhibition company established upon approval may engage in the following businesses in accordance with provisions：

1. to organize and undertake upon entrustment various types of economic and technology exhibitions and conventions in China； and

2. to hold conventions outside China.

Where the State has other provisions regarding the holding of exhibitions and conventions in or outside China， such provisions shall prevail.

Article 5　Foreign Investors are permitted， in accordance with these Provisions， to establish foreign-invested convention and exhibition companies in China in the form of wholly foreign-owned enterprise or equity joint venture or cooperative joint venture with Chinese companies， enterprises or other economic organizations （Chinese Investor（s）） according to the principles of equality and mutual benefit.

Article 6　A Foreign Investor applying for establishment of a foreign-invested convention and exhibition company shall have the experiences and business records of organizing international expositions， professional exhibitions or international conventions.

Article 7　To apply for establishment of a foreign-invested convention and exhibition company， an applicant shall submit the following documents to the authority in charge of commerce at the provincial level of the place in which the proposed company is to be established：

1. an application for establishment of foreign-invested convention and exhibition company signed by the investors；

2. the contract and articles of association for the foreign-invested convention and exhibition company signed by the investors （in the case of a foreign-invested convention and exhibition company to be established in the form of a wholly-owned enterprise， only the articles of association shall be submitted）；

3. （photocopy of） the registration certificate， （photocopy of） the legal representative certificate， appointment letters of the members of the board of directors and bank proofs of creditworthiness of the investors；

4. （photocopy of） the notice of preliminary approval of the name of the proposed foreign-invested convention and exhibition company issued by the administration for industry and commerce； and

5. documents evidencing that the Foreign Investor has organized international expositions， international professional exhibitions or international conventions.

Article 8　The authority in charge of commerce at the provincial level shall decide whether to grant approval or not within 30 days of the date of receipt of all the documents specified in Article 7 hereof. If it decides to approve the application， it shall issue an Approval Certificate for a Foreign-invested Enterprise to the applicant. If it decides not to approve the application， it shall state the reasons therefor and notify the applicant of its rights to apply for an administrative review or institute administrative proceedings in accordance with the law.

Article 9　The applicant shall handle registration procedures with the administration for industry and commerce in accordance with the relevant State provisions within one month of receipt of the Approval Certificate for a Foreign-invested Enterprise.

Article 10　When applying to organize a foreign economic and technology exhibition in China， foreign-invested convention and exhibition companies shall follow the relevant State provisions.

Separate procedures shall be formulated for the administration of foreign-invested convention and exhibition companies that invite participants in China for international economic and trade exhibitions to be held outside China or for holding international economic and trade exhibitions outside China.

Article 11　In case of a change in the Chinese or foreign investor or the equity， or an establishment of a branch of a foreign-invested convention and exhibition company， the company shall， in accordance with these Provisions， handle the amendment registration procedures for its business licence with the administration for industry and commerce after reporting the matter to the authority in charge of commerce at the provincial level for approval.

Article 12　Foreign-invested convention and exhibition companies importing exhibits shall handle the import procedures and carry out supervision and administration in accordance with the relevant procedures of customs on supervision and administration of imported exhibits.

Article 13　Establishment of convention and exhibition companies in the mainland by companies， enterprises and other economic organizations of Hong Kong Special Administrative Region， Macao Special Administrative Region and Taiwan region shall， mutatis mutandis， be handled in accordance with these Provisions.

Article 14　MOFCOM shall be in charge of interpreting these Provisions.

Article 15 ： These Provisions shall be implemented 30 days after the date of promulgation.