基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

关于中外合资、合作经营企业产品以产顶进办法 MEASURES CONCERNING THE SUBSTITUTION OF PRODUCTS MANUFACTURED BYCHIN ESE- FOREIGN EQUITY JOINT VENTURES AND CHINESE-FOREIGN CONTRACTUALJOINT VENTURES FOR SIMILAR IMPORTED PRODUCTS

2006-05-18 13:58   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council and promulgated by the State Planning Commission on October 19, 1987)
颁布日期:19871019  实施日期:19871019  颁布单位:国家计委

  Article 1 These Measures are formulated in accordance with the Provisions of the State Council Concerning the Encouragement of Foreign Investment, to encourage foreign businessmen to invest in setting up technologically -advanced enterprises, and to help enterprises in achieving a balance between their foreign exchange earnings and expenditures.

  Article 2 These Measures shall apply to Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures of a production nature (hereinafter referred to as joint ventures and contractual ventures) which can provide advanced technologies China needs and are engaged in the development of new products, thereby realizing the upgrading of products and the replacement of old products with new ones.

  Article 3 Enterprises with foreign investment that satisfy the following conditions may apply to substitute their products for similar imported products:

  (1) technologically-advanced joint ventures and contractual ventures whose products are indeed needed in China, and which have, at the initial stage of production, experienced some temporary difficulties in balancing their foreign exchange earnings and expenditures in the course of realizing the replacement of imported products with home-made ones;

  (2) the products manufactured by enterprises mentioned above belong to the categories of products the central departments, the localities and other departments need to import at present and in the next few years;

  (3) products that are recommended as substitutes for similar imported products shall meet the needs of domestic users in specifications, properties, the delivery time, technical services and technical training, and undergo the appraisal conducted by the national testing center for the quality of products, thereby confirming that the aforesaid products measure up to the quality standard of similar imported goods; in principle, the prices of the recommended products shall not be higher than those of the international market at the time.

  Article 4 Enterprises that recommend their products as substitutes for similar imported goods shall make an application in that connection at the time when they submit their project proposals. When they submit their project feasibility study reports, they must state clearly in the reports the proportion between domestic sales and export sales of the products manufactured by the joint ventures and contractual ventures and the rate of progress for the replacement of imported products with home-made ones; moreover, they shall prove by an ample demonstration or appraise the feasibility of substituting their products for similar imported ones (including a statement concerning the annual quantity of their products to be used to substitute for imported products and annual amount of foreign exchange to be earned therefrom)。

  Article 5 Pursuant to the principle of administration at different levels, the applications for the approval of using the products manufactured by the joint ventures and contractual ventures to substitute for similar imported goods shall be examined and approved respectively by the central competent authorities and the local competent authorities (or departments)。 If items above the norm examined and approved by the central competent authorities need to be recommended as substitutes for similar imported products, the matter shall be examined and approved by the State Planning Commission; and the items below the norm examined and approved by the local competent authorities (or departments) need to be recommended as substitutes for similar imported products, the matter shall be examined and approved by the local planning commissions or departments on their own.

  Article 6 Import substitution to be effected in the items above the norm to be examined and approved by the State Economic Planning Commission:

  (1) of the goods which have been included in the Central Government's medium-and long-term import plans approved by the State, except those on which long-term import agreements have been concluded with foreign countries, substitution for imports shall be approved in advance within the Central Government's import plans if it is still possible that some of the goods to be imported can be substituted with domestically - manufactured products when the feasibility study reports are examined and approved;

  (2) substitution for goods which have not been included in the Central Government's medium-and long-term import plans shall, in principle, not be approved in advance. However, the enterprises may apply to the State Planning Commission for using their products as substitutes for similar imported products if such goods have been included in the Central Government's annual import plans and are available for substitution with home-made similar products. Once the applications are approved, the Ministry of Foreign Economic Relations and Trade shall handle the procedures for substituting home-made product for similar imported products for the current year;

  (3) with respect to those commodities which have not been included in the Central Government's long-term, medium-term and annual import plans, if they are to be imported by the local governments in the current year, the enterprises may make an application to the local planning commission; upon approval, the local department of foreign economic relations and trade shall handle the procedures for using their products as substitutes for similar imported products.

  Article 7 Import substitution to be effected in the items below the norm to be examined and approved by the local competent authorities (or departments):

  (1) of the commodities which have already been included in the long-term, medium-term and annual import plans of the province, autonomous region, or municipality directly under the Central Government, if there are some available for being replaced by home-made products, they may, within the period for executing the locality's import plan, be approved in advance by the planning commission of the province, autonomous region, or municipality directly under the Central Government with reference to the examining and approving procedures adopted by the central competent authorities, and the aforesaid planning commission shall also handle, within the aforesaid period, the procedures for using the home-made products mentioned above as substitutes for similar imported commodities;

  (2) with respect to those commodities which have not been included in the localities' long-term, medium-term and annual import plans, but they are to be imported by the local area or by some other areas, a transregional operation may be conducted for using home-made products as substitutes for similar imported commodities. The enterprises may make an application directly to the planning commission of the province, autonomous region, or municipality directly under the Central Government that undertakes the import of the aforesaid commodities; after they have obtained the approval, the department of foreign economic relations and trade of the aforesaid province, autonomous region, or municipality directly under the Central Government shall handle the procedures for using their products as substitutes for similar imported commodities:

  (3) with respect to the commodities to be imported by some departments with the foreign exchange in their possession, the enterprises may make an application directly to these departments; after they have obtained the consent of the departments, they shall go through the procedures for using their own products as substitutes for similar commodities to be imported.

  Article 8 With respect to the aforesaid products which are to be used as substitutes for similar imported commodities as examined and approved by the planning commission of the central competent authorities or of the local competent authorities (or by local departments), if these products belong to the lot of products which are to be approved in advance within the long-and medium-term plans, they shall be further verified and confirmed in the annual plan in accordance with the actual situation of the execution of the import plan in the current year. The products which have been approved as substitutes for similar imported products shall, under equal conditions (with similar imported commodities), be given priority of being selected for use by domestic users.

  The competent departments for imports administration and the examining and approving departments for imports at various levels shall guide and encourage domestic users to give priority to the purchase of the products which are manufactured by the joint ventures and contractual ventures and are in conformity with the conditions of products used as substitutes for similar imported products.

  Article 9 When domestic users purchase products which have been approved as substitutes for similar imported products, the payment for such products shall be made wholly or partially in foreign exchange to the joint ventures and contractual ventures in accordance with the terms agreed upon by both parties and subject to the approval of the State administrative department of foreign exchange control.

  Article 10 With respect to machinery and electrical products used as substitutes for similar imported products, the State Economic Commission shall formulate and publish a catalogue of products used as substitutes for similar imported products and also the procedures for the administration of substitution of home-made products for similar imported goods, thereby directing the domestic users to give priority to the purchase of the products included in the aforesaid catalogue.

  The joint ventures and contractual ventures which manufacture the products included in the aforesaid catalogue may participate in the open tender for imported machinery and electrical equipment conducted by the China Bidding Center for Machinery and Electrical Equipment (or by other bidding agencies authorized by the State Economic Commission); the Center shall issue a certificate to the enterprise which has won the tender, thereby realizing the substitution of home-made products for similar imported goods.

  Article 11 The joint ventures and contractual ventures shall, in accordance with the provisions of Article 4 of the Measures of the Ministry of Foreign Economic Relations and Trade Concerning the Application by Enterprises with Foreign Investment for the Export Licence, go through the procedures for the importation of raw materials and component parts needed in the manufacture of products used as substitutes for similar imported goods;

  when the aforesaid products are supplied to domestic users, the transaction shall be handled in accordance with the provisions of Article 5 of the Measures of the General Customs Administration of the People's Republic of China Concerning the Importation of Raw Materials and Component Parts Needed by Enterprises with Foreign Investment to Execute Their Products Export Contracts.

  Article 12 The joint ventures and contractual ventures which have obtained the approval to use their products as substitutes for similar imported goods must fulfil the following requirements:

  (1) strictly fulfil the requirements for the export proportion stipulated in the contract and the rate of progress for the replacement of imported products with home-made ones;

  (2) strive to maintain the advanced level of the technical performance and quality of their products;

  (3) deliver their products in accordance with the quantity and schedule stipulated in the contract; in the event that the users suffer economic losses caused by problems relating to the time of delivery, the quantity of products delivered, and the quality of products, they shall bear the corresponding economic liabilities;

  (4) provide high-quality service to the users.

  Article 13 Once the products manufactured by the joint ventures and contractual ventures have been approved as substitutes for similar imported goods, they shall not be included again in the State plan for the distribution of goods and materials produced domestically.

  Article 14 The right to interpret these Measures shall reside in the State Planning Commission.

  Article 15 These Measures shall go into effect as of the date of promulgation.

  Appendix: Catalogue of commodities which can be replaced by home-made products as included in the central government's import plan to be executed during the “Seventh Five-Year Plan”:

  (1) steel products  (5) aluminium      (9) wood pulp

  (2) pig iron    (6) zinc         (10) poly acrylonitrile fibre

  (3) timber      (7) rubber       (11)polyamide fibre

  (4) copper     (8) chemical fertilizers  (12) artificial silk

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371