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国务院办公厅转发国务院特区办公室关于简化外商投资企业中方人员出国(境)审批手续规定的通知 CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMITTING THE REGULATIONS SUBMITTED BY SPECIAL ECONOMIC ZONES OFFICE OF THE STATE COUNCIL CONCERNING SIMPLIFYING THE PROCEDURE OF EXAMINATION AND APPROVAL OF THE CHINESE STAFF EMPLOYED IN FOREIGN INVESTMENT ENTERPRISES GO IN GAB ROAD (OR TO HONGKONG OR MACAO)

2006-05-17 11:17   我要纠错 | 打印 | 收藏 | | |

国办发(1993)17号
(Promulgated on March 9, 1993)
颁布日期:19930309  实施日期:19930309  颁布单位:国务院

  “Regulations Concerning Simplifying the Procedure of Examination and Approval of the Chinese Staff Employed in Foreign Investment Enterprises Going Abroad (or to Hongkong or Macao)” submitted by the Special Economic Zones Office of the State Council has been approved by the State Council and is hereby transmitted to you, and you are requested to implement it conscientiously.

  With the issue of this circular, the “Circular of the General Office of the State Council for Transmitting the Recommendations submitted by Special Economic Zones Office of the State Council Concerning Simplifying the Procedure of Examination and Approval of the Chinese Staff Employed in Chinese-Foreign Equity Joint Ventures and Chinese-Foreign Contractual Joint Ventures Going Abroad Repeatedly” becomes invalid.

  REGULATIONS CONCERNING SIMPLIFYING THE PROCEDURE OF EXAMINATION AND APPROVAL OF THE CHINESE STAFF EMPLOYED IN FOREIGN INVESTMENT ENTERPRISES GOING ABROAD (OR TO HONGKONG OR MACAO)

  In order to improve management conditions for the foreign investment enterprises and facilitate the Chinese staff employed in those enterprises to participate in business abroad, it is necessary to simplify the procedure of examination and approval of their going abroad or to Hongkong or Macao. The following regulations are hereby issued.

  1. Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures which either produce exports valued at more than $ one million (U.S.), or are classed as technologically advanced according to related regulations by the department of economic relations and trade of provincial level or above, can, based on their conditions and practical needs, assess a certain number of Chinese employees who are to be frequently sent abroad or to Hongkong or Macao on business of economic relations and trade (the number to Hongkong and Macao is limited to three) and apply to the department of economic relations and trade under the People's Government of the province, autonomous region or municipality directly under the Central Government where they are located. Enterprises in provincial capitals (or capitals of the autonomous region), municipalities under separate planning, opening cities in coastal regions, opening cities along the Changjiang River (Yangtze River) and the special economic zones, can apply directly to the department of economic relations and trade under the People's Government of the city where they are located. After the approval of the department of economic relations and trade of the government, the procedure of examination and approval of those Chinese employees' multiple exit to foreign countries or Hongkong or Macao should be simplified. Those who are going abroad for the first time should go through the procedure of examination and approval according to present regulations. If they have to go abroad again within the year of the approval, it can be approved by the Chinese employee in charge in the enterprise and directly go through the procedure of going abroad at the department of foreign affairs of the local government; those who are going for the first time to Hongkong or Macao shall be reported by the local People's Government to Hongkong and Macao Affairs Office of the State Council for approval. If they have to go to Hongkong or Macao again within the year of approval, they should follow the above procedure.

  2. Foreign-capital enterprises can, according to their business need, send Chinese employees to foreign countries or Hongkong or Macao on business. After their report to and the examination of the department of economic relations and trade of local People's Government or the institution designated by the People's Government, they can either themselves provide or entrust related units to provide necessary documents to the local public security organs to apply for exit procedures to foreign countries or Hong Kong or Macao.

  If the foreign-capital enterprises in special economic zones should send their long-term employed Chinese, whose residence record is not registered in the special economic zone, abroad on a temporary basis, it is feasible for the applicant to make application for going abroad to the public security organ in the city or county of the special economic zone, with the temporary residence registration record issued by the public security organ and papers indicating the long-term work in the special economic zone issued by the legal person of the enterprise. If the person needs to stay abroad for more than six months for business, or to go abroad for private affairs, it is required that applicants go through the traveling abroad formalities controlled by the public security organ in the city or county where the applicant's permanent residence is registered.

  3. Chinese employees in foreign investment enterprises in special economic zones who have to go to Hongkong or Macao on business shall make application for approval of exit according to related regulations issued by the Ministry of Foreign Affairs and the Ministry of Public Security.

  4. As for Chinese in foreign investment enterprises who need to go to foreign countries or Hongkong or Macao for business or technological and professional training, the required fees shall be paid by the enterprise with its own foreign exchange, not to be included in the quota of foreign exchange issued by the State for going abroad or to Hongkong or Macao.

  5. All the regions and departments concerned should strengthen the control of this work, follow the measures required by the regulations and implement them as soon as possible. Institutions of examination and approval of all levels and the Chinese employee in charge in the above enterprises should, according to the regulations formulated by the State concerning the administration of the personnel going abroad or to Hongkong or Macao, carry out the examination conscientiously and strengthen the education of discipline in foreign affairs; at the same time they should simplify as much as possible the examination and approval procedure within the limit of the regulations and provide facilities and better services for enterprises.

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