The State Administration of Industry and Commerce ("State
AIC") and Ministry of Commerce ("MoC") jointly
issued the Regulations on Foreign-invested Advertising Enterprises
("Advertising Regulations") which came into effect on 1
October 2008 and replace regulations issued in 2004.
The Advertising Regulations set forth a three-step procedure for
establishing a foreign-invested advertising enterprise
("Advertising FIE"). The first step is submitting
documents, such as a feasibility study and board resolution of the
investor(s) regarding the establishment of the company, to the
State AIC or its local branch for an initial examination opinion.
The applicant should then submit the examination opinion and other
required documents, such as the articles of association of the
Advertising FIE, to MoC or its local branch to obtain the approval
certificate. Registration of the FIE follows this step. Once
registered, it may engage in designing, producing, releasing and
acting as an agent for international and domestic advertisement
The Advertising Regulations specify the conditions for the
investor(s) of the Advertising FIE. The investor should, for
example, have been involved in advertising for more than two or
three years. If the Advertising FIE would like to set up a branch,
its annual advertising business income should be no less than RMB
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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