Procedures for Administration of Pilot Value-added Telecom Business with Foreign investment in the China (Shanghai) Pilot Free Trade Zone
Article 1 These Procedures are formulated in accordance with relevant provisions of the Regulations of the People's Republic of China on Telecommunications, the Provisions on the Administration of Foreign-funded Telecommunication Enterprises, the Decision of the State Council on Temporary Adjustments to the Administrative Approval Items or Special Administrative Measures on Access Prescribed in Relevant Administrative Regulations or State Council's Documents in China (Shanghai) Pilot Free Trade Zone, and the Suggestions of Ministry of Industry and Information Technology and Shanghai Municipal People's Government on Further Opening up Value-added Telecommunication Business to Foreign Investors in China (Shanghai) Pilot Free Trade Zone for the purpose of adapting to the need of value-added telecommunications business with foreign investment in the China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as the “Pilot Zone”).
Article 2 The value-added telecom business that can be operated by
foreign-funded enterprises in the Pilot Zone and the proportion of funds
contributed by the foreign investors shall be determined by the Ministry of
Industry and Information Technology in accordance with relevant
regulations.
Article 3 A foreign-funded enterprise in the Pilot Zone that
applies for value-added telecom business shall comply with the following
requirements:
1. The operator is a company established in the Pilot Zone
according to law;
2. Having appropriate funds and professionals to carry
out business activities;
3. Having the reputation or capability to
provide long-term services for users;
4. The minimum amount of registered
capital is RMB 1 million;
5. Having the necessary premises, facilities,
technical solutions and network and information security systems and measures,
and the service facilities shall be located in the Pilot Zone;
6. The
company as well as its major investors and major managerial executives have not
violated the telecom supervision and management system within three years;
and
7. Other requirements prescribed by the State.
Article 4 A
foreign-invested enterprise in the Pilot Zone that applies for value-added
telecom business shall apply to the Shanghai Communications Administration and
submit the following documents thereto:
1. A written application for
value-added telecom business signed by the legal representative of the company,
including the category of telecom business under the application, business
coverage, company name, company correspondence address, zip code, contact
person, telephone, e-mail address, etc.;
2. Relevant materials on the
major foreign investors of the company, including the company registration
certificate, brief introduction, recent financial reports audited by an
accounting firm, certificate of credit status; and relevant materials on other
investors of the company, including the company registration certificate or
business license and brief introduction;