How do foreigners apply for an ICP license?

How Foreigners Apply for an ICP License in China

In China, if foreigners or foreign-invested enterprises want to apply for an ICP (Internet Content Provider) license, they need to follow certain procedures and meet specific requirements.

I. Company Establishment

First, a company must be established in accordance with Chinese laws and regulations. The legal representative of the company should be a Chinese citizen with a resident identity card. The foreign investment proportion in the company generally cannot exceed 50%. In case of any foreign shareholding (including from Hong Kong, Macau, and Taiwan), it will be regarded as a foreign-invested application, and the equity structure needs to be traced back. For companies engaged in nationwide business, the registered capital should be at least 10 million yuan, while for those with business scope only within a province, the registered capital should be at least 1 million yuan.

II. Application for the Foreign Investment Examination and Approval Opinion for Operating Telecommunication Business

Document Preparation:

Project proposal and feasibility study report.

Copy of the company's business license and the identity card of the legal representative.

Articles of association.

A complete and detailed equity structure diagram.

Relevant certification materials of Chinese and foreign investors.

Proof materials of the telecommunication business operation experience of the main foreign investors.

Submission and Review:

Submit the electronic materials through the official website of the local regulatory authority. After passing the preliminary review, the system will submit the materials to the Department of Telecommunications Development for further review. After passing the online review, prepare the corresponding paper materials and submit them to the Department of Telecommunications Development for waiting review.

III. Obtaining the Approval Certificate of Foreign-Invested Enterprise

Document Preparation:

The unanimous board resolution of the foreign-invested enterprise regarding the investment.

Copy of the approval certificate and business license of the foreign-invested enterprise.

Capital verification report issued by a legal capital verification institution proving that the registered capital has been fully paid.

Audited balance sheet of the foreign-invested enterprise.

Proof materials of the income tax payment or tax reduction and exemption of the foreign-invested enterprise.

Submission and Approval:

Submit the above materials to the Ministry of Commerce for approval to obtain the Approval Certificate of Foreign-Invested Enterprise.

IV. Registration of Foreign-Invested Telecommunication Enterprise

With the Approval Certificate of Foreign-Invested Enterprise and other relevant materials, register the foreign-invested telecommunication enterprise with the administrative department for industry and commerce.

V. Application for Value-Added Telecommunication Business Operating License

Finally, apply for the Value-Added Telecommunication Business Operating License with the Approval Certificate of Foreign-Invested Enterprise to the Ministry of Industry and Information Technology.

It should be noted that the entire application process is complex and requires strict compliance with relevant laws, regulations, and procedures. Professional legal and consulting services may be needed to ensure the smooth progress of the application.