This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.
Notice on Issuing the Measures for the Recordation Administration of Individual Operators in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
All units under the Executive Committee of the Cooperation Zone, departments (bureaus) under the Administration Office of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin of the People’s Government of Guangdong Province, and relevant entities:
The Measures for the Recordation Administration of Individual Operators in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin has been approved upon deliberation at the session of the Executive Committee of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, and is hereby issued to you for your careful implementation. Should any issues arise during implementation, please promptly report the issues to the Commercial Services Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin.
Commercial Services Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
March 28, 2024
Normative Document No. 1/2024 of the Commercial Services Bureau of the Executive Committee
Measures for the Recordation Administration of Individual Operators in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
Contents
Chapter I General Provisions
Chapter II Recordation Items
Chapter III Recordation Specifications
Chapter IV Administration and Services
Chapter V Supplementary Provisions
Chapter I
General Provisions
Article 1.
Purpose of the Measures
In order to implement the Master Plan for the Construction of Guangdong-Macao In-depth Cooperation Zone in Hengqin, standardize the recordation for individual operators, encourage society-wide business startups and innovation, expedite the development and opening up of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”), and promote moderate diversification of Macao’s economy, these Measures are hereby developed in light of the actual circumstances of the Cooperation Zone.
Article 2.
Scope of Application
Citizens with operation capacity engaged in short-term individual operations in the Cooperation Zone and meeting the relevant conditions may apply for recordation according to these Measures.
The term “citizens” specified in the preceding paragraph refers to Chinese mainland residents, Chinese citizens among the permanent residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region, and residents of the Taiwan region.
Article 3.
Recordation Principles
The recordation for individual operators shall be implemented under the principles of transparency, fairness, impartiality, public convenience, and efficiency.
Article 4.
Recordation Authority
The Commercial Services Bureau of the Cooperation Zone (hereinafter referred to as the “Commercial Services Bureau”) shall be responsible for the recordation administration of individual operators.
Article 5.
Exceptions
Operators engaged in business activities in the Cooperation Zone under the following circumstances do not qualify for the recordation for individual operators, and shall complete commercial registration procedures and obtain business licenses in accordance with the law:
1. Business activities conducted in the name of enterprises, branches of enterprises, specialized farmers cooperatives, or branches of specialized farmers cooperatives; and
2. Business activities conducted in the form of enterprises or specialized farmers cooperatives in accordance with the law.
Chapter II
Recordation Items
Article 6.
Recordation Items
The recordation items for individual operators include:
1. Names, domiciles, and telephone numbers of operators;
2. Business scope;
3. Business premises;
4. Operation period.
For individual operators using trade names, the recordation items shall include the trade names.
Operators from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region, who have residences in the Chinese mainland, may undergo recordation procedures for these residences.
Article 7.
Business Scope
Operators shall apply for recordation of business scope according to the “Catalogue of Business Scope Specifications” issued by the State Administration for Market Regulation.
Article 8.
Business Premises
The term “business premises” refers to the detailed addresses where individual operators engage in business activities in the Cooperation Zone.
Business premises shall be fixed places with service functions or other places permitted for business activities within the Cooperation Zone.
Operators shall not use any place listed in the catalogue of prohibited areas for market participants as the business premises for relevant items.
Operators shall be responsible for the authenticity and legality of business premises.
Article 9.
Operation Period
The term “operation period” refers to the specific period for which individual operators engage in business activities in the Cooperation Zone.
The operation period for a single recordation shall not exceed six months.
Article 10.
Business Names
Individual operators applying to use business names shall follow the Provisions on the Administration of Enterprise Name Registration, the Measures for the Implementation of the Provisions on the Administration of Enterprise Name Registration, and other relevant regulations.
The business names used by individual operators shall not infringe upon the right of name of other legal persons, unincorporated organizations, or individual industrial and commercial households.
Chapter III
Recordation Specifications
Article 11.
Applicants and Authorized Agents
Individual operators applying for recordation shall be the applicants.
Individual operators authorizing agents to apply for recordation shall submit authorization letters from the applicants and the identification documents or qualification certificates of the agents.
Article 12.
Recordation Methods
The Commercial Services Bureau shall develop a recordation system for individual operators and implement the whole-process electronic recordation.
Applicants shall apply for recordation through the recordation system for individual operators and, if necessary, may submit applications at the service windows of the Commercial Services Bureau.
Article 13.
Real-name Recordation
The real-name recordation system for individual operators shall be implemented. The Commercial Services Bureau shall verify the real names of applicants through the real-name authentication system.
Applicants unable to verify their identity information through the real-name recordation system for any specific reason may submit notarized identification documents of natural persons or complete the real-name authentication procedures on-site.
The Commercial Services Bureau shall cooperate with relevant departments of the Government of the Macao Special Administrative Region to establish identity information verification sites in the Macao Special Administrative Region.
Article 14.
Market Access Based on Commitment
The system of allowing market access based on commitment shall be implemented for individual operators.
Applicants shall be responsible for the authenticity, legality, and validity of the submitted materials, and include such a commitment of these factors in the applications for recordation.
Article 15.
Recordation Rules
The Commercial Services Bureau shall conduct a formal review of application materials. If the application materials are complete and in the required statutory form, recordation shall be granted on immediately, and a recordation certificate will be issued.
If the application materials are incomplete or do not comply with the statutory form, the Commercial Services Bureau will inform the applicants of all necessary supplements and corrections in a single notice.
If an application for recordation fails to comply with the provisions of these Measures, the Commercial Services Bureau will not grant recordation and shall explain the reason therefor.
Article 16.
Types of Recordation and Application Materials
The types of recordation for individual operators include recordation of business commencement and recordation of modification.
Individual operators applying for recordation of business commencement shall submit the applications for recordation and the identification documents of applicants.
Individual operators applying for recordation of modification shall submit the applications for recordation.
For modification of operators, identification documents of the new operators shall also be provided.
The Commercial Services Bureau shall formulate a list of application materials and document format samples, and publicly disclose them through the government website of the Cooperation Zone and the service windows of the Commercial Services Bureau, among others.
Article 17.
Time Limit for Recordation of Modification
Where there are any changes to the recorded information, applicants shall complete the modification procedures for recordation within 10 days.
Article 18.
Extension and Expiration of Operation Period
The operation period of the recordation for individual operators may be extended once, but the extension shall not exceed six months.
The recordation shall automatically become invalid upon expiration of the operation period.
Article 19.
Number of Recordation and Multiple Recordations
Applicants may undergo recordation procedures for one individual operator at a time.
Applicants who reapply for recordation of individual operation shall do so six months after the expiration of the previous recordation’s operation period or six months after the withdrawal of individual operator recordation due to a modification of operators.
Chapter IV
Administration and Services
Article 20.
Publicity of Recordation Information
The Commercial Services Bureau shall publicly disclose the names, business scope, business premises, and operation period of operators through the public disclosure system.
Article 21.
Relationship with Commercial Registration
Operators may initiate a conversion to individual industrial and commercial households or enterprises within the recorded operation period, and apply to the Commercial Services Bureau for commercial registration and business licenses in accordance with the law.
For operators who have completed commercial registration procedures and obtained business licenses, the recordation for individual operators shall automatically become invalid.
The Commercial Services Bureau shall assist individual industrial and commercial households or enterprises in converting their recordation. The materials submitted by the operator during the recordation procedures need not be resubmitted for the registration of individual industrial and commercial households or enterprises.
Article 22.
Negative List
Individual operators shall conduct business activities in compliance with the provisions of the Market Access Negative List and the Special Administrative Measures (Negative List) for the Access of Foreign Investment in Pilot Free Trade Zones. Where the Cooperation Zone stipulates otherwise on market access and the access of foreign investment, such provisions shall apply.
Article 23.
Licensed Business Items
Operators whose business items are subject to approval or recordation in accordance with the law shall undergo relevant procedures as required.
Article 24.
Taxation
Operators shall, in accordance with the law, handle tax declaration and fulfill tax payment obligations.
Article 25.
Preferential Policies
The Commercial Services Bureau shall formulate and implement favorable measures to support operators, in line with the policies and measures on promoting the development of individual industrial and commercial households.
Article 26.
Revocation of Recordation
For operators whose recorded business premises are inconsistent with the actual premises, the Commercial Services Bureau may revoke the recordation.
Article 27.
Legal Liability
For operators conducting business activities in violation of relevant laws, competent authorities shall take appropriate actions in accordance with the law and adhere to the principles of combining education with punishment, and ensure that the penalties are proportional to the severity of the violation.
Chapter V
Supplementary Provisions
Article 28.
Power of Interpretation
These Measures shall be subject to interpretation by the Commercial Services Bureau of the Cooperation Zone.
Article 29.
Effective Date and Validity Period
These Measures shall come into effect on April 12, 2024 and remain valid for a period of five years.