由Vincent · Cheung

要开设餐馆在上海，您二个选择：

1. 建立一家完全外国拥有的承办酒席管理公司。
2. 简单地开设餐馆

如果您在上海想要给予特权或打算在将来卖您的餐馆，选择1为您将适合，或者您能简单地开设餐馆。 您在办公大楼不必须租赁一间屋子安排承办酒席管理公司建立。 为设定承办酒席管理公司，一个适当的地方为开设餐馆是充足的。 当它建立了，您能开始打开餐馆、酒吧或者咖啡馆作为它的分支公司。 从承办酒席管理公司，被准许参与投资咨询学校，企业咨询学校，公司管理咨询学校，承办宴席(食物、点心、饮料，酒精)已经有大多必需的执照并且为参与允许公共饮食商业，您不需要申请他们，当您是开头分支公司时。

最重要的问题是餐馆的地点。 几个认同和执照是需要的，在您递交您的应用给SMERT之前(上海市政外国经济关系&贸易委员会)。 上海环境局强加餐馆的过分要求的要求。 尽职烟、污水、固体废料、对邻居居民的可能的影响等等，是重要因素。 Before you sign the lease agreement with the landlord, invite the officials from Environment Bureau to inspect the place, making sure the location is ok, then hire an environment evaluation agency to make the environment evaluation report. The officials from public security will come over to inspect the fire and security facilities, fire permit and public place license won’t be issued if they think your facilities don’t meet the requirements. So, before you start the decoration, consult those two authorities about their requirements, or you might risk yourself redecorating the place. For instance, there are specific requirements for the height and location of the vent. Shanghai Health Department will also send people to inspect the place, public & Food Hygiene License will be issued if they find the food and facilities are in compliance the regulations. Besides, they will also check your employees’ health certificates. Annual physical is required for waiters and cooks.

Besides, license for the sale of alcohol, permit for the use of electricity and water, license for special industry, etc, are needed.

You should be very careful with the lease agreement. When the landlord is an individual, the first page of the four-paged property right certificate copy needs to be signed by the landlord, photocopy of the landlord’s ID card with signature needs to be provided. If the landlord is a company, its business license needs to be provided and the first page of the property right copy needs to be stamped. In case the landlord is a sublessor, the letter of authorization of the original landlord, sublease agreement stamped by the original landlord needs to be provided. You have to be sure that the office hasn’t been registered.

Only after all abovementioned issues are properly handled, can you start to apply to SMERT for a Certificate of Approval, to SAIC (State Administration for Industry & Commerce) for a Business License, to the Tax Bureau for a Tax Registration Certificate, then register at the Shanghai Foreign Exchange Bureau, have you an RMB account opened, inject and verify the capital, finally renew the business license.

It would be ideal if you’ve got a few friends who are currently doing catering business in Shanghai. Give them a call and ask them to share their experiences, so you can avoid a lot of wrong decision-makings.

Vincent Cheung, www.pathtochina.com

“Path To China“ is an International Business Consulting Firm that provides foreign investors with business registration service in China.