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Notice to Service Suppliers

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref:CR TID/CEPA 7/7

9 August 2005

Dear Sirs,

Notice to Service Suppliers No. 1/2005

Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)

Arrangements and Application Procedures for
Renewal of Hong Kong Service Supplier Certificate

I. INTRODUCTION

In accordance with Annex 5 to CEPA, the Trade and Industry Department (TID) has implemented a Hong Kong Service Supplier Certification Scheme since October 2003. Under the scheme, HKSS certificates are issued to enterprises fulfilling the definition and related requirement of HKSS under CEPA. Each certificate is valid for two years. To facilitate those eligible HKSS who would like to extend the validity of their HKSS certificates, TID will provide voluntary renewal services for certificates which will expire soon.

II. DETAILS

Application Requirements

2. If holders of HKSS certificates want to renew their certificates, they must continue to fulfil the definition and requirements for Hong Kong service supplier set out in Annex 5 to CEPA and the Supplement to CEPA (please refer to Notice to Service Suppliers No. 4/2004 and relevant provisions in CEPA and its Supplements, which can be downloaded from TID's CEPA website at http://www.tid.gov.hk/english/cepa/).

3. Holders of HKSS certificates should submit their renewal applications to TID not earlier than 60 days before the expiry of their certificates and not later than 180 days after the date of expiry. Applications for renewing HKSS certificates that have already expired for over 180 days would not be entertained. If necessary, enterprises may submit fresh applications for HKSS certificates to TID by following the procedures set out in Notice to Service Suppliers No. 4/2004.

4. The renewed HKSS certificate will be valid for two years from the date of expiry of the previous certificate.

Application Procedures and Supporting Documents

5. To apply for renewal of HKSS certificate(s), an applicant should submit to TID the following documents:

1. a duly completed application form [Form TID 110] (a proforma at Appendix 1 (pdf format) of this Notice, which can also be downloaded from TID's CEPA website: http://www.tid.gov.hk/english/cepa/). An application form may cover renewal application of certificates held by the applicant in respect of more than one service sector/sub-sector; and

2. a copy of Statutory Declaration attested by an attesting officer recognized by the Mainland (i.e. China Appointed Attesting Officer (^{Note 1})). The Statutory Declaration must be made by the applicant's authorized person (^{Note 2}) in accordance with the procedures and requirements of the Oaths and Declarations Ordinance (Cap. 11) of the HKSAR. The Statutory Declaration must be completed in Chinese. A proforma of the Statutory Declaration in Chinese is set out in Appendix 2A (pdf format) of this Notice. Non-Chinese speakers requiring interpretation of the content of the declaration should use the proforma at Appendix 2B (pdf format) (also in Chinese). These two proforma can also be downloaded from TID's homepage: http://www.tid.gov.hk/english/cepa/. The Statutory Declaration should contain the certificate numbers of all the HKSS certificates in service sectors/sub-sectors that the applicant holds and intends to apply for renewal; and

3. a copy of the valid Certificate of Incorporation (including Certificate(s) of Incorporation on Change of Name, if applicable) of the applicant. Copies of these documents should be certified by the Companies Registry of the HKSAR or a Designated Professional (^{Note 3}); and

4. a copy of the valid Business Registration Certificate of the applicant, certified by the Business Registration Office (BRO) of the Inland Revenue Department of the HKSAR or a Designated Professional(^{Note 3}); and

5. a copy of Extract of Information on the Business Register issued by BRO within 90 days prior to the date of submission of the renewal application and certified by the BRO or a Designated Professional(^{Note 3}); and

6. a copy of the HKSS certificate concerned.

6. The required supporting documents set out in paragraph 5 above should be submitted either by post or in person to the Hong Kong Service Supplier Certification Section of TID (Room 1113, 11/F, Trade and Industry Department Tower, 700 Nathan Road, Kowloon). The office hours of the above office are:

7. TID will acknowledge receipt of the applications. If considered necessary, TID may entrust other government departments, statutory bodies or any independent professional personnel/institutions to conduct verification/certification of the information provided in the application form, the Statutory Declaration and the accompanying documents. Moreover, TID reserves at all times the absolute right to request the applicant to provide additional information or further documentary proof to verify its application.

8. In normal circumstances, TID will complete the processing of a renewal application within 5 clear working days from the date of its receipt of all the necessary supporting documents stipulated in paragraph 5 above. Applicant will be notified of the result of application by post. A renewed HKSS certificate will be issued to the Hong Kong service supplier who has been assessed by TID as continued to fulfill the eligibility criteria for HKSS as defined in CEPA and in the Supplement to CEPA. If a successful renewal application covers more than one service sector/sub-sector, separate certificates covering individual approved service sector/sub-sector will be renewed. Applicant should note that if application form is not properly completed or there are discrepancies in the information declared therein, or the application form is not accompanied by all necessary documents or if there are discrepancies in the information provided in the accompanying documents, the time required to process the application will be longer. If the applicant fails to provide accurate information and/or the necessary documents (including the Statutory Declaration), its application will be rejected.

Application Fee

9. Please refer to NSS No. 1/2008 dated 18 February 2008 on details of the New HKSS Fee Levels introduced with effect from 27 March 2008. Applicants will also be responsible for all expenses incurred relating to the verification or certification of the documents as stipulated in paragraphs 5 and 7 above.

Amendment/Cancellation of Applications

10. The applicant should immediately cancel the application in writing and re-submit a fresh application form together with the supporting documents required if there is any substantial change to the information provided in the application form and its accompanying supporting documents concerning the applicant's eligibility as a Hong Kong service supplier under CEPA and the Supplement to CEPA. Applicant should at the same time make a fresh Statutory Declaration in accordance with the provisions set out in paragraph 5 above. An attested copy of the Statutory Declaration, together with a fresh application and related supporting documents should be submitted to the Hong Kong Service Supplier Certification Section of TID either by post or in person.

11. If an applicant likes to cancel its application for renewing HKSS certificate after submission, it should immediately submit a cancellation request in writing to the Hong Kong Service Supplier Certification Section of TID either by post or in person.

Handling of Information

12. TID is committed to ensuring all personal data provided in the applications for renewal of HKSS certificate and in all accompanying supporting documents (including the Statutory Declaration) are handled in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486) of the Hong Kong Special Administrative Region (HKSAR). In this regard, the personal data provided in the above documents will be used by TID or its authorized persons/institutions for the purpose of processing and verification of applications for HKSS certificate, and related statistical and research work.

13. TID will keep the personal data provided in the applications and their accompanying documents in strict confidence. However, TID may disclose such data to other government departments, or to third parties within or outside Hong Kong, if such disclosure is necessary to facilitate the Mainland's examining authorities to verify the applications for obtaining the preferential treatments under Annex 4 to CEPA and/or the Supplement to CEPA, for the purposes mentioned in paragraph 12 above, is authorized or required by law, or if explicit consent to such disclosure is given by the applicant/data subject. If necessary, TID will contact other government departments or specified independent institutions or persons to verify the personal data provided in the applications with those held by them.

14. Applicants and data subjects whose data are collected by TID may request access to such data under the Personal Data (Privacy) Ordinance of the HKSAR. Requests for access to personal data should be made in writing to the Hong Kong Service Supplier Certification Section in Room 1113 on 11/F of the Trade and Industry Department Tower at 700 Nathan Road, Kowloon. Such requests should be made on the Data Access Request Form (No. OPS003) issued by the Privacy Commissioner, which is available at the Information Counter on G/F of TID or can be downloaded from the homepage of TID: http://www.tid.gov.hk/english/aboutus/form/publicform/others/files/dforme.pdf. A charge will be made to cover the cost of photocopying. In addition, if the data subject considers that the data supplied to TID is inaccurate, a request for correction of the data may be made in writing after a data request has been complied with.

III. IMPORTANT NOTES

15. It is the responsibility of the applicant to complete the application form fully and truthfully and provide the supporting documents as required (including the Statutory Declaration). Failing to provide accurate and complete information may affect the consideration and processing of the applications, and may result in their being deferred or rejected.

16. After granting of a renewed HKSS certificate, if there is any change in the relevant particulars of the applicant that would affect its eligibility as a Hong Kong service supplier, the applicant must immediately notify TID in writing of such change. If it is found that the applicant has obtained its renewed HKSS certificate by means of any omission or misrepresentation of information, or by any other fraudulent means, or in the case that the applicant is no longer fulfilling the eligibility criteria for Hong Kong service supplier as stipulated in CEPA and its Supplement, TID reserves at all times the absolute right to cancel the application concerned or revoke any HKSS certificate renewed.

17. According to the Crimes Ordinance (Cap. 200) of the HKSAR, any person who knowingly and wilfully makes (otherwise than on oath) a statement false in a material particular, such statement being made in a statutory declaration shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 2 years and to a fine.

18. If the application, the supporting documents and/or the attested copy of the Statutory Declaration are submitted by post, TID will not accept responsibility for any loss of documents in transit.

IV. ENQUIRIES

19. If you have any enquiries about the arrangements and application procedures for renewal of HKSS certificates, please contact the Hong Kong Service Supplier Certification Section of TID at:

Yours faithfully,

(Miss Alice LI)

for Director-General of Trade and Industry

(^{Note 1}) China Appointed Attesting Officers refer to practising lawyers in Hong Kong registered under the Legal Practitioners Ordinance (Cap. 159) of the HKSAR, who are recognized by the Ministry of Justice of the People's Republic of China. The relevant list is available at the website of the Association of China-Appointed Attesting Officers Ltd. (http://www.caao.org.hk) or the Law Society of Hong Kong's website (http://www.hklawsoc.org.hk).

(^{Note 2}) The authorized person of a "Hong Kong service supplier" should be the sole proprietor (in the case of sole proprietorship), one of the partners (in the case of partnership), or a director/responsible officer authorized by the Board of Directors (in the case of a limited company) of the applicant.

(^{Note 3}) Professionals designated by TID pursuant to Article 6.1.1 of Annex 5 to CEPA include:

1. certified public accountants (practising) of Hong Kong (auditors) i.e. certified public accountants registered under the Professional Accountants Ordinance (Cap 50) of the HKSAR and holding a practising certificate. A list of the registered certified public accountants (practising) is available for perusal by the public at the office of the Hong Kong Institute of Certified Public Accountants at 4/F, Lippo Centre, Tower Two, 89 Queensway, Hong Kong. The register is also available at the Institute's website at http://www.hkicpa.org.hk/; and
   
   
2. practising lawyers in Hong Kong registered under the Legal Practitioners Ordinance (Cap 159) of the HKSAR, who are recognized by the Ministry of Justice of the People's Republic of China (i.e. China Appointed Attesting Officers). The relevant list is available at the website of the Association of China-Appointed Attesting Officers Ltd. (http://www.caao.org.hk) or the Hong Kong Law Society's website (http://www.hklawsoc.org.hk).

For applications covering legal services, the Designated Professionals refer to item ii. above only. Attesting authorities/persons should state the certification result and signed on the relevant documents/reports. The attested documents/reports should be stamped with company chop, if possible.

Note: In case of discrepancies between the English and Chinese texts of this Notice, the Chinese text shall for all purposes be conclusive.