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国务院关于纺织品进出口若干问题的规定 PROVISIONS OF THE STATE COUNCIL ON SEVERAL ISSUES CONCERNING THEIMPO RT AND EXPORT OF TEXTILES

2006-05-18 15:14   我要纠错 | 打印 | 收藏 | | |

国发(1985)5号
(Promulgated on January 8, 1985)
颁布日期:19850108  实施日期:19850108  颁布单位:国务院

  The following provisions are formulated, in accordance with the spirit of the economic restructuring of the country, in respect of several issues concerning the import and export of textiles.

  1. In the exportation of textiles, it is advisable to combine industry with trade; the combination may take various forms, of which the “Qingdao Textile Unico. Ltd ” is one; and enterprises may freely adopt other combinative forms. From now on, case concerning the establishment of various forms of textile industry and trade combination companies and other combination complexes or production enterprises having direct links with foreign businesses in the open coastal cities and municipalities under separate planning shall all be handled and examined jointly by the departments of foreign economic relations and trade and the departments of textile industry in the cities or municipalities where the companies or enterprises are located; the cases shall, then, be submitted to the municipal people's government for examination and approval; and the cases shall be further submitted to the people's government of the province or autonomous region and to the Ministry of Foreign Economic Relations and Trade and the Ministry of Textile Industry for record.

  2. Issues concerning the export planning for textiles, foreign exchange, earnings from exports, and the distribution of export quotas and the issuance of import and export licences:

  (1) it is necessary to implement the principle of taking into consideration the historical conditions as well as the importance of encouraging the advanced, facilitating competition, selecting quality products for export, and promoting combination; a specific distribution plan shall be worked out jointly by the Ministry of Foreign Economic Relations and Trade and the Ministry of Textile Industry, and shall be transmitted directly by the Ministry of Foreign Economic Relations and Trade to the people's governments of various provinces (and/or autonomous regions, municipalities directly under the Central Government), municipalities under separate planning, and the national corporations undertaking export tasks; the distribution plan shall no longer, be transmitted according to the subordinating relationship by the National Textile Import and Export Corporation.

  (2) the departments of foreign economic relations and trade in various regions shall, jointly with the departments of textile industry, work out the local specific distribution plan in accordance with the aforesaid principle, and then submit it to the people's government at the same level for approval, which shall then be transmitted through the office (or commission, bureau) of foreign economic relations and trade to various branch offices of the textile import and export corporations, the industry and trade combination companies, textile industry companies that undertake export tasks assigned by the state, and combination complexes and production enterprises vested with the external operating rights.

  (3) in the course of implementation, the department of foreign economic relations and trade shall strengthen administration. The racketeering in export quotas and import and export licences shall be strictly banned; and the offender shall be dealt with seriously.

  (4) trade conducted between countries at the state level in accordance with relevant agreements shall be carried out by the national import and export corporations by organizing the relevant branch offices of foreign trade corporations, industry and trade combination companies, and production enterprises in holding business negotiations with foreign businesses and concluding relevant transactions.

  3. The key to expanding the export of textiles and bettering the quality of products lies in bringing into play the initiative of production enterprises and in actually devolving the power to them, so that the production enterprises may sharpen their sensitivity towards and clarity about the international market, thereby heightening their competitiveness. At the same time, it is essenti al to bring into full play the role of various branch offices of foreign trade corporations, of various companies situated at ports, and of various industry and trade combination companies. From now on, the National Textile Import and Export Corporation shall devote its attention to doing a better job in providing information and consultancy services; it may also handle directly a portion of the import and export business operations.

  The industry and trade combination companies and production enterprises, which have obtained, with approval, the right to operate in foreign trade, shall enjoy the same treatment as the textile import and export corporations in such aspects as export quota, import and export licence, and the right to handle import and export business; and shall also have the right to export all commodities within the scope of business operations of their own companies (including the right to export the two kinds of yarns and the two kinds of cloth, but they must carry on the unified provisions formulated by the State Council), and the right to import various kinds of raw materials required by their companies in production (not including such kinds of raw materials as terylene and poly acrylonitrile fibre; however, in order to develop new varieties of commodities, to guarantee the quality of products, and to meet the urgent needs of production, they may, with the approval of the Ministry of Textile Industry and the Ministry of Foreign Economic Relations and Trade, import a small quantity of such raw materials), as well as dyestuffs, chemical and auxiliary materials, and the right to act as an agent for the exportation of the commodities within their scope of business operations. Those companies and enterprises with the necessary qualifications may, after obtaining the approval in accordance with the provisions of the state, accredit representatives abroad or establish business offices there to conduct studies and investigations and to promote the sale of their products.

  With respect to textiles under the scheme of agency in foreign trade, the export quota and the export licence shall be issued, along with the production task, to the production enterprises. The production enterprises shall have the right to select their agents by themselves and may take part in business negotiations with foreign firms. The agents shall be responsible for concluding contract, and, at the same time, offer satisfactory services and consultancy, and collect service charges according to the stipulations. From now on, with repect to those industry and trade combination companies and production enterprises that are vested with the right to operate in foreign trade, the state will mainly evaluate their fulfillment of the task of foreign exchange earnings from exports, and make statistics concerning the level of foreign exchange earnings and the costs in terms of foreign exchange, in order to select from among them the more successful companies and enterprises for future arrangement.

  4. With a view to changing the existing financial structure, that is “everybody eating from the common pot”, under which the state takes the sole responsibility for gains and losses, various types of industry and trade combination companies and enterprises that manufacture textile goods for export shall follow the principle of settling the accounts for imported raw materials in accordance with the international price level, and pay the Customs duties and the product tax according to the regulations when they are imported; then, after the products are exported, the portion of import Customs duties and the product tax already paid shall be refunded annually on the basis of the actual quantity of raw materials used in the exported products, and, at the same time, the product tax or the value added tax in the process of production shall also be refunded; by so doing they shall take the sole responsibility for gains and losses themselves.

  5. After liberalizing the business operations in the export of textiles, the Ministry of Foreign Economic Relations and Trade shall play the role of overall administration of foreign economic relations and trade of the country: strengthening the administration at home in accordance with its competence and duty prescribed by the State Council, setting ceiling prices for the imported raw materials used in the production of textiles and floor prices for the export textiles, and providing promptly information concerning the international market. All the textile import and export corporations, industry and trade combination companies, combination complexes and production enterprises vested with the external operating rights, shall conduct their business operations in accordance with the unified policies governing China's foreign economic relations and trade.

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