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外国商会管理暂行规定 INTERIM PROVISIONS FOR THE ADMINISTRATION OF FOREIGN CHAMBERS OFCOMM ERCE IN CHINA

2006-05-18 00:33   我要纠错 | 打印 | 收藏 | | |

(Adopted by the State Council at the 39th Executive Meeting on April 28, 1989, promulgated by Decree No. 36 of the State Council of the People's Republic of China on June 14, 1989, and effective as of July 1,1989)
颁布日期:19890614  实施日期:19890701  颁布单位:国务院

  Article 1 These Provisions are formulated with a view to promoting international trade and economic and technological exchanges, strengthening the administration of foreign chambers of commerce and protecting their legitimate rights and interests.

  Article 2 A foreign chamber of commerce in China refers to a non-profit-making organization which is set up in accordance with these Provisions within the Chinese territory by foreign commercial establishments and personnel in the Chinese territory and does not engage in any business transactions. The activities of foreign chambers of commerce in China shall be aimed at promoting trade and economic and technological exchanges between their members and Chinese counterparts and facilitating their research in and discussions about the development of international trade and economic and technological exchanges.

  Article 3 Foreign chambers of commerce in China must abide by the laws and regulations of the People's Republic of China and shall not jeopardize the state security and social and public interests of China.

  Article 4 For the setting up of a foreign chamber of commerce in China, the following conditions shall be satisfied:

  (1) articles of association reflecting the common will of the Chamber's members;

  (2) a certain number of sponsoring members and responsible persons;

  (3) premises as its permanent office; and

  (4) lawful sources of funds.

  Article 5 Foreign chambers of commerce in China shall be set up according to their respective country origins and may have both group members and individual members. Group members mean those which join the chamber in the name of commercial establishments. Commercial establishments refer to representative offices or branches set up in the Chinese territory according to law by foreign companies, enterprises and other economic organizations.

  Individual members mean those staff members of non-Chinese nationality working in commercial establishments or enterprises with foreign investment and joint the chamber in their own names.

  Article 6 The name of a foreign chamber of commerce in China shall be preceded by the name of its own country plus the word “China”。

  Article 7 For the setting up of a foreign chamber of commerce in China, a written application shall be submitted to the China Chamber of International Commerce for further transmission to the Ministry of Foreign Economic Relations and Trade of the People's Republic of China (hereinafter referred to as the examining authorities) for examination. The examining authorities shall complete the examination within 60 days after the date of receiving the written application and all the attached papers. It shall issue an approval certificate if the conditions laid down in Article 4 are satisfied or reject the application if the above-mentioned conditions are not satisfied. The examining authorities shall give explanations if it cannot complete the examination within the prescribed time-limit on account of special circumstances.

  Article 8 The written application for the setting up of a foreign chamber of commerce in China shall be duly signed by the chief sponsor and accompanied by the following papers:

  (1) Articles of association of the chamber in quintuplicate, in which the following items shall be included:

  a. name and address;

  b. organizational structure;

  c. names and status of the Chairman, Vice-Chairmen and Managing Director;

  d. procedure for the admission of members and their rights and obligations;

  e. scope of activities; and

  f. financial information.

  (2) A list of the sponsoring members of the chamber in quintuplicate with the group members and individual members listed separately. For each of the group members, the name, address, business scope and names of the responsible persons shall be indicated. For each of the individual members, the name of the commercial establishment or enterprise with foreign investment for which the individual member works, as well as his position and personal resume or a brief account of his commercial activities in China shall be indicated.

  (3) Name and resume of each of the Chairman, Vice-Chairmen and Managing Director of the chamber in quintuplicate.

  Article 9 After the application for the setting up of a foreign chamber of commerce in China has been examined and approved by the examining authorities, the chief sponsor shall, in accordance with the stipulations of these Provisions and other relevant laws and regulations, submit the approval certificate to the Ministry of Civil Affairs of the People's Republic of China (hereinafter referred to as the registration authorities) for registration. A foreign chamber of commerce in China is established at the time its registration is accepted and a registration certificate is issued.

  Article 10 A foreign chamber of commerce in China shall set up account books in its office. Its membership fees and other funds obtained in accordance with the stipulations of its Articles of Association shall be used to cover the expenditures specified in its Articles of Association and shall not, under any name, be used as payments to its members or remitted out of the Chinese territory.

  Article 11 A foreign chamber of commerce in China shall submit in January of every year a report on its activities in the previous year to the examining authorities and the registration authorities through the China Chamber of International Commerce.

  The China Chamber of International Commerce shall provide foreign chambers of commerce in China with consultative and other services for their activities and contacts with relevant Chinese authorities.

  Article 12 When a foreign chamber of commerce in China needs to amend its Articles of Association or replace its Chairman, Vice-Chairman, or Managing Director or change the address of its premises, it shall apply for examination and approval and register such changes in accordance with the procedures laid down in Articles 7, 8 and 9.

  Article 13 A foreign chamber of commerce in China shall subject itself to the supervision of relevant Chinese authorities.

  Should a foreign chamber of commerce in China violate these Provisions, the registration authorities have the power to apply sanctions by imposing a warning or fine on it, suspending its activities for a specific period, revoking its registration or ordering to ban it.

  Article 14 When a foreign chamber of commerce in China is to be dissolved, it shall submit an application duly signed by its Chairman together with a certificate proving the completion of its liquidation to the registration authorities for cancelling its registration and report to the examining authorities for the record.

  A foreign chamber of commerce in China shall stop any of its activities as of the date when it returns its registration certificate to the registration authorities.

  Article 15 These Provisions shall go into effect as of July 1, 1989.

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