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If you can apply, as long as the proportion of foreign capital is less than 50%, you can apply in accordance with the foreign investment process, and 100% pure foreign capital can apply for the first data processing and transaction processing business EDI business license, and you can consult at any time if you are not clear.
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Foreign trade companies are not allowed to apply for an ICP license for the following reasons.
The following conditions must be met in order to apply for an ICP license:
1. Have funds and professionals suitable for development and business activities;
2. Have a business development plan and related technical solutions;
3. Have the reputation or ability to provide users with long-term services;
4. The operator is a company established in accordance with the law and the registered capital of the company should be 1 million or more than 10 million;
5. Documents that have obtained the consent of the relevant competent authorities for the information service content that requires pre-approval as stipulated in the ICP management measures;
6. Sound network and information security measures, including first-class security measures, information security and confidentiality management system, and user information security management system;
Materials to be prepared to apply for an ICP license:
1. Business license (valid copy) or certificate of pre-registered name of the enterprise;
2. Involving Internet information services for news, publishing, education, health care, drugs and medical devices, approval documents shall be submitted to the relevant competent departments for review; If the electronic bulletin service is involved, a special application must be made; If there is no news, publishing, education, health care, medicine and medical device and electronic bulletin services, a letter of guarantee shall be submitted;
3. Have sound network and information security measures, including first-class security measures, information security and confidentiality management system, and user information security management system;
4. The legal person signs a written application for operating value-added telecommunications services;
6. Scanned copy of ID card of legal person and shareholder, etc.
7. Scanned copy of the original domain name certificate.
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Procedures for foreign investors to apply for value-added telecommunications business licenses:
1. Submit an application to the Ministry of Industry and Information Technology to obtain the "Approval Opinion on Foreign Investment in Telecommunications Business";
2. Submit materials to the competent department of commerce of the state on the basis of the approval opinion to obtain the "Approval Certificate for Foreign-invested Enterprises";
3. Handle the registration of foreign-invested telecommunications enterprises with the administrative authority for industry and commerce;
4. Apply to the Ministry of Industry and Information Technology for a value-added telecommunications business license with the approval certificate of foreign-invested enterprises;
1) Opinions on the approval of foreign investment in telecommunications business:
Materials required for the approval of foreign investment in telecommunications business:
1. Project proposal;
2. Feasibility study report;
3. A copy of the business license of the company's corporate legal person and the ID card of the legal person;
4. Articles of Association (stamped with the industrial and commercial file inquiry seal);
5. Complete and detailed shareholding structure chart;
6. Relevant supporting materials of Chinese and foreign investors;
7. Proof of telecommunications business operation experience of major foreign investors (the largest proportion of foreign shareholders, accounting for more than 30% of the total capital contribution of foreign parties);
8. Other materials required by the telecommunications authorities;
Steps for handling the approval opinion for foreign investment in telecommunications business:
1. Prepare complete electronic materials and submit them to the official website of the local management bureau, and the system will submit them to the Communication Development Department for review again after the review is passed;
2. After the online review is passed, prepare the corresponding paper materials and submit them to the Communication Development Department for review.
2) Certificate of Approval for Foreign-invested Enterprises:
Examination and approval authority for the approval certificate of foreign-funded enterprises: Ministry of Commerce.
Materials required for the approval certificate of foreign-invested enterprises:
1.Unanimously adopted board resolution of the foreign-invested enterprise on investment;
2.Approval certificate and business license of foreign-invested enterprise (copy);
3.The capital verification report issued by the statutory capital verification agency that the registered capital has been fully paid;
4.Audited balance sheet of the foreign-invested enterprise;
5.Proof of income tax payment or reduction or exemption of income tax by foreign-invested enterprises;
6.Other materials required by laws, regulations and rules.
7.Articles of Association of the investee company.
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First, the registered capital of the company is more than 1 million.
Second, the company is a wholly domestic-funded enterprise (registered capital cannot have foreign capital) and registered capital cannot be applied for.
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Yes, according to the requirements of laws and regulations, purely foreign-funded enterprises are not allowed to apply for ICP licenses, and foreign-funded enterprises can cooperate with domestic enterprises if they want to enter the telecommunications market; However, joint ventures can be handled, and Sino-foreign joint ventures must be established in accordance with the law to apply for an ICP license, and the legal person must be domestic, and the proportion of foreign equity shall not exceed 49%.
So, how to apply for an ICP license for foreign capital?
1. To apply for an ICP license, a Sino-foreign joint venture must be an independent legal person established in accordance with the law, and the legal person must be domestic, and the proportion of foreign equity shall not exceed 49%.
2. The registered capital of the joint venture must be more than 1 million, and it does not need to be paid.
3. When the joint venture company applies for an ICP license, the server must be located at the company's location.
4. The joint venture company needs to provide no less than 3 key management personnel and technical personnel to apply for the ICP license.
6. The real estate certificate, Guangzhou and Shenzhen must have a management rental housing lease agreement (filing) or its office space certificate;
7. Network access agreement (the application for ICP certificate provides the local provincial access provider contract, and the application for ISP and IDC certificate provides the contract signed with the telecom operator), ** access unit license front, subpage and annual inspection page, and the whole network access unit also needs to submit the certificate of the ministry certificate in the Guangdong Provincial Communications Administration;
8. Internet domain name registration certificate of all domain names reported by the Ministry of Industry and Information Technology (the registered owner of the domain name must be the full Chinese name of the applicant unit);
9. Approval of the Ministry of Commerce of the People's Republic of China for foreign investment;
10. The Communications Department of the Ministry of Industry and Information Technology of the People's Republic of China handles the access certificate.
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Foreign-funded companies apply for value-added telecommunications service licenses.
Qualification definition: Internet information service business refers to the provision of information or web page production to Internet users for a fee through the Internet, mainly payment, recharge platform, online advertising, production of web pages, paid provision of specific information content, e-commerce and other online application services, the overall process:
1. Entrust to sign the contract.
2. After receiving the corresponding payment from the entrusting party, the implementation department begins to write the application materials and dock the basic materials.
3. After docking the "Approval Certificate for Foreign-invested Enterprises".
4. Submit an application to the Development Department of the Ministry of Industry and Information Technology for the Examination and Approval of Foreign Investment in Telecommunications Business
5. After obtaining the "Approval Opinion on Foreign Investment in Telecommunications Business", 6. Submit materials to the provincial and municipal communications administrations to apply for ICP license.
E-commerce has also become an integral part of our daily lives, as we are used to shopping online and are more transparent.
What are the requirements for foreign-funded enterprises to apply for an ICP license?
Foreign capital should not be higher than 49%.
The largest shareholder with the largest proportion of Chinese and foreign shares provides materials.
1. The business license of the Chinese party.
2. Annual report of the Chinese company.
3. Foreign company registration certificate.
4. Annual report of the foreign company.
5. Foreign business license.
6. Credit certificate of foreign party.
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1. Registered capital: the minimum registered capital is 10 million yuan;
2. Proportion of foreign investment: The proportion of foreign investors in foreign-invested telecommunications enterprises engaged in value-added telecommunications services shall not exceed 50% in the enterprise. Foreign-invested telecommunications enterprises in which EDI operates value-added telecommunications services can be wholly foreign-owned or joint ventures.
3. Business category:
According to the Catalogue for the Guidance of Foreign Investment Industries, ICPs operating value-added telecommunications services are restricted, and the proportion of foreign investment does not exceed 50%, except for EDI certificates. On June 19, 2015, the Notice of the Ministry of Industry and Information Technology on Liberalizing the Restrictions on Foreign Shareholding in Data Processing and Transaction Processing Business (Business E-commerce) stipulates that the foreign shareholding ratio of data processing and transaction processing (B21) can reach 100%. However, Internet news information services, online publishing services, online audio-visual program services, Internet access service business premises, Internet cultural operations (except **), and Internet public release information services are prohibited categories.
Fourth, the specific process.
1. The entrusting party signs an agency contract with our company.
2. After receiving the corresponding payment from the entrusting party, our company began to write the application materials.
3. Submit the application for the "Approval Certificate for Foreign-invested Enterprises" to the Ministry of Commerce
4. After obtaining the "Approval Certificate for Foreign-invested Enterprises", submit an application to the Development Department of the Ministry of Industry and Information Technology for the "Approval Opinion on Foreign Investment in Telecommunications Business".
6. After the Ministry of Industry and Information Technology approves the application, it shall submit the paper application materials to the Guangdong Provincial Communications Administration, and then transfer it to the Ministry of Industry and Information Technology for approval.
7. After all the approvals are completed, the Ministry of Industry and Information Technology will issue a notice of obtaining the certificate, 8. The information required for the application is basically the same as that of domestic enterprises, and the following are additionally required:
1) Provide the supporting documents of the foreign-funded enterprises to carry out telecommunication services in the country.
The ICP application for the foreign value-added telecommunications business license is more complicated, and the details can be consulted by the Zhuhai Rapid Network Division.
We will give you a one-on-one explanation, and professional services will let you rest assured.
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At present, in accordance with the requirements of relevant laws and regulations, purely foreign-funded enterprises are not allowed to apply for ICP licenses, and foreign-funded enterprises can cooperate with domestic enterprises if they want to enter the e-commerce market.
But it only says that purely foreign-funded enterprises cannot apply for ICP licenses, but the joint venture Zheng Yingye can handle it blindly. However, to apply for an ICP license, a Sino-foreign joint venture must be an independent legal person company established in accordance with the law, and the legal person must be domestic, and the proportion of foreign equity shall not exceed 49%. ”
Foreign-funded enterprises or e-commerce platforms with foreign investment shall obtain a value-added telecommunications business license
1. If it is a self-operated e-commerce platform and opens bank payment or Alipay payment, the partner will require an ICP license, but the current restrictions on foreign investment applications under the ICP license are relatively strict. Joint ventures can apply, but WFOE cannot apply.
2. If it is a platform type of e-commerce (involving merchants), what needs to be handled is ** data processing and transaction processing (EDI license), involving ** payment, and at the same time ICP license and EDI license are grinding and slowing, but there is no clear requirement at present, and EDI license is sufficient.
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The ICP license is the "People's Republic of China Telecommunications and Information Service Business Operation Permit". According to the People's Republic of China Decree No. 291 "Telecommunications Regulations of the People's Republic of China" and No. 292 "Measures for the Administration of Internet Information Services", the business must apply for an ICP certificate, otherwise it is an illegal business.
In recent years, there have been more and more Sino-foreign joint ventures in China, including many Internet companies. As an Internet company, an ICP license is naturally required. Enterprises with foreign shareholders who want to apply for an ICP license need to go through the foreign investment application process with the Ministry of Industry and Information Technology before they can apply for it.
Before applying for a foreign-funded ICP license, it is necessary to have this document - the approval opinion of the foreign-invested enterprise to operate telecommunications business.
Lingzhuoyan Foreign Investment ICP License Application Process:
1. Prepare the relevant materials for applying for the "Approval Opinion on the Operation of Telecommunications Business by Foreign-invested Enterprises";
4. After the paper materials are correct and meet the regulations of the approval department, wait for the certificate to be collected;
Generally speaking, as long as the materials are okay, they can be obtained within 60 working days after acceptance.
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What are the requirements for applying for a foreign-funded ICP license? ICP license refers to the "Internet information service business" in Class B25 of the Classification Catalogue of Telecommunications Services (2015 Edition): the information service service business refers to the business of providing information services to users through public communication networks or the Internet through information collection, development, processing and the construction of information platforms.
The types of information services are based on technical services such as information organization and transmission, mainly including information publishing platforms and delivery services, information search and query services, information community platform services, information real-time interaction services, information protection and processing services, etc. If the company is involved in the relevant Internet business model, it needs to apply for an ICP license.
Regarding the handling of foreign-funded ICP licenses, three major requirements must be met first:
1. The enterprise has a foreign investment approval opinion from the Ministry of Industry and Information Technology;
2. Have the relevant originals handled by the Communications Department of the Ministry of Industry and Information Technology of the People's Republic of China;
3. Enterprises should meet the prudent and industry-specific requirements stipulated by the competent departments of industry and information technology.
What is the process of applying for a foreign-funded ICP license?
1. The enterprise shall fill in the application online with the Ministry of Industry and Information Technology;
2. After the application is successful, the enterprise needs to prepare the application materials and submit the relevant materials;
3. Wait for the Ministry of Industry and Information Technology to review the materials submitted by the enterprise;
4. The Ministry of Industry and Information Technology issues an acceptance notice and transfers it to the relevant audit department for review;
5. The Ministry of Industry and Information Technology will make an approval decision within 40-60 working days after acceptance, and if it cannot be passed, it will notify the enterprise in writing and explain the reasons;
6. Verify and calibrate, and get the certificate.
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