Q: How to apply for an extension after the expiration of the period of operations for an enterprise with foreign capital?
A: In accordance with the relevant provisions of Article 13 of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures, Article 24 of the Law of the People's Republic of China on Sino-Foreign Contractual Joint Ventures and Article 20 of the Law of the People's Republic of China on Foreign-Capital Enterprises, for an extension of the period of operations, an application shall be submitted by the enterprise to the said authorities 180 days (i.e. the legal time limit) before the expiration of the period. The authorities in charge of examination and approval shall, within 30 days from the date such application is received, decide whether or not to grant the extension; if the decision is not made before the expiration of the period, it shall be deemed as an approval. With a view to guaranteeing stable operations of enterprises with foreign capital, the Ministry of Commerce puts forward some suggestions on handling the application for an extension of the period of operations after the legal time limit: (1) the examination and approval authority shall receive the application which is submitted by the enterprise 30 days before the expiration of the period. (2) Where the enterprise submits the application when its operation duration will expire within 30 days or has expired, the examination and approval authorities shall not accept its application, except in cases caused by force majeure.
If the extension of a foreign-capital enterprise involves the implementation of special access administrative measures, it shall be disposed under the approval system. For relevant information on the application and declaration of this item, please refer to the website: http://www.commerce.gov.cn/ZCFG/Info_Detail.aspx?id=38D2858F-A8CB-4E46-ABD9-00EED7410F1E
If the extension of a foreign-capital enterprise does not involve the implementation of special access administrative measures, the enterprise shall apply for record-filing through the foreign investment comprehensive administration information system (http://wzzxbs.mofcom.gov.cn/).