The Facts

Chinese Regulation Governing "SAIC" Documents and Governing "Foreign-Related Market Investigation and Survey"

February 8, 2012
State Administration of Industry and Commerce (SAIC) published a regulation on March 13, 1996 (web site link with PDF) regulating inquiries related to companies’ SAIC records. According to the Clause 7 of this regulation, a lawyer can only inquire “archived company records in paper format” if the lawyer is representing a client in a lawsuit involving the company:

Clause 7

“If a law firm is engaged in a lawsuit representing a client, its inquirers, with valid proof of court filing and lawyer’s license, can then retrieve archived company record in paper format.”

According to the Clause 9 of the regulation, Inquirers cannot re-sell the retrieved documents to carry out profit-generating activities and cannot publicly publish those archived company records:

Clause 9

“Inquirers cannot use archived company records so obtained to carry out profit-generating activities. Inquirers are not allowed to publicly publishing archived company records.”

National Bureau of Statistics of China has published a regulation on October 13, 2004 (web site link) entitled “Administration Regulation on Foreign-related Research and Survey”.  The key clauses are translated as following:

Clause 2 

This regulation on foreign-related research and survey applies to the following situations:

  1. Market research and  survey conducted by any licensed domestic organization that is engaged and funded by foreign organization, individual or Chinese branch of a foreign organization;
  2. Market research and social survey conducted jointly by any licensed domestic organization and a foreign organization, individual or Chinese branch of a foreign organization;
  3. Market research and survey conducted by a Chinese branch of foreign organization;
  4. Market research and survey as well as Social Survey activities that would provide its information and findings to foreign organization, individual or a Chinese branch of foreign organization.

Clause 10 

Any organization without obtaining a license from the related Chinese government agent cannot carry out foreign-related research and survey activity.

Clause 25 

The foreign-related market research and survey should follow the principle of voluntary survey. The target being investigated or surveyed has the right to accept or reject the survey/investigation. Any survey organization or individual cannot force the target to accept the survey/investigation.

An Organization carries out foreign-related research and survey should identify the objectives of the research/investigation to the survey target.  The Survey organizations cannot fraudulently use other organizations’ names or identity to carry out survey/investigation, and cannot mislead the target.

Clause 29

An Organization carries out foreign-related research and survey is responsible to ensure confidentiality of all private business and individual information obtained when carrying out market research and survey.

Clause 31

The followings offences are subject to criminal charges:

  1. Carrying out foreign-related research and survey activity not through a licensed organization;
  2. Carrying out foreign-related research and survey activity without a license;
  3. Forge, misuse, transfer foreign-related research and survey license and project approval documents;
Sep 20, 2011
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Sep 7, 2011

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