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

外商投资商业企业试点办法 Experimental Measures for Foreign-funded Commercial Enterprises

2006-05-14 16:02   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on June 17, 1999, promulgated by Decree No. 12 of the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation on June 25, 1999)
颁布日期:19990625  实施日期:19990625  颁布单位:国务院

  Article 1 These Measure are formulated in accordance with such laws and regulations as the Law of the People's Republic of China's on Chinese and Foreign Equity Joint ventures and the Law of the People's Republic of China on Chinese and Foreign Cooperative Joint Ventures in order to deepen the opening-up policy, promote the revolution and development of commercial enterprises, propel the building of domestic market and ensure the healthy and orderly implementation of pilots that widen commercial field and employ foreign investment.

  Article 2 These Measures apply to equity or cooperative commercial enterprises established by foreign and Chinese companies, enterprises within China (hereinafter referred to as jointly-operated commercial enterprises). The establishment of commercial enterprises wholly funded by foreigners is not allowed temporarily.

  Article 3 The jointly-operated commercial enterprises must adapt to the commercial development plans of the cities where they are located, be able to introduce the advanced marketing and managing experience in the globe, stimulate the modernization of domestic commerce, propel the export of domestic products, and bring economic and social benefits.

  Article 4 The areas in which jointly-operated commercial enterprises may be established shall be prescribed by the State Council, presently they are confined to provincial capitals, capitals of autonomous regions, municipalities directly under the Central Government, cities separately listed on the State plan and special economic zone (hereinafter referred to as pilot areas).

  Article 5 The investors of jointly-operated commercial enterprises must conform to the following conditions:

  (1) foreign operators or the major ones of foreign operators in the jointly-operated commercial enterprises (hereinafter referred to as foreign operators) shall be enterprises that possess comparatively strong economic power, advanced marketing skills and managing experiences, wide international marketing network, good reputation and remarkable operating achievement and the capability of propelling the export of China's products through the established jointly-operated commercial enterprises.

  Foreign operators who apply to establish retail-oriented jointly operated commercial enterprises shall possess an average sale of more than 2 billion US Dollars three years before application and asset of more than 0.2 billion US Dollars one year before application.

  Foreign operators who apply to establish wholesale-oriented jointly-operated commercial enterprises shall possess an average wholesale volume of more than 2.5 billion US Dollars 3 years before application and asset of more than 0.3 billion US Dollars one year before application.

  (2) The Chinese operators or the major ones of Chinese operators (hereinafter referred to as Chinese operators) shall be current enterprises that possess comparatively strong economic power and operating capacity. Their asset shall be more than 50 million RMB (30 million RMB in the middle and western areas) one year before application. If Chinese operators are commercial enterprises, the average sale of the three years before application shall be more than 0.3 billion RMB (0.2 billion in the middle and western areas); if they are foreign trade enterprises, the average self-operated import and export volume three years before application shall be more than 50 million US Dollars (the export volume shall be no less than 30 million US Dollars).

  Article 6 Jointly-operated commercial enterprises must conform to the following conditions:

  (1) conform to the relevant Chinese laws, regulations and provisions;

  (2) conform to commercial development plans of the cities where they are located;

  (3) the registered asset of retail-oriented jointly-operated commercial enterprises shall not be less than 50 million RMB, that of those in middle and western areas shall not be less than 30 million RMB; the registered asset of wholesale-oriented commercial enterprises shall not be less than 80 million RMB, that of those in middle and western areas shall not be less than 60 million RMB.

  (4) if the jointly-operated commercial enterprises have the operation of more than 3 chain stores (except the grocery store for people's convenience, professional stores and exclusive stores), Chinese operators shall offer a proportion of more than 51% of the total capital; if the jointly-operated commercial enterprises are in good operating condition, the foreign operators have purchased a large quantity of domestic products and there is a possibility to take the advantage of foreign operators' international marketing network to promote the export of domestic products, foreign operators can hold the share after the approval of the State Council.

  Chinese operators shall provide no less than 35% of the total capital in the jointly-operated commercial enterprises with no more than three branch stores (including three) as well as in grocery store for people's convenience, professional stores and exclusive stores which are in chain operation.

  In the wholesale oriented jointly-operated commercial enterprises (including retail enterprises engaged in wholesale business simultaneously), Chinese operators must offer a proportion of more than 51% of the total capital.

  (5) the branch store of the jointly-operated commercial enterprises are confined to the concatenate form that foreign and Chinese operators both invest and operate directly. Other concatenate forms such as free chains or concessionary chains are prohibited temporarily.

  (6) the operating period shall not exceed 10 years, 40 years for the middle and western areas.

  Article 7 Under the condition that foreign operators contract with jointly-operated commercial enterprises concerning the use of trademark and trade name and technological transfer, the related expenses that foreign operators collect shall not exceed 0.3% of the enterprise's sale volume of the year and the limited period for collection is 10 years.

  Article 8 Jointly-operated commercial enterprises shall be established according to the following procedure:

  Chinese operators shall submit feasibility reports (fungible of project propositions) and relevant documents to economic and trade commissions (economic commissions, planning and economic commissions, the same in the following part) in the pilot areas, which in conjunction with the competent domestic trade departments shall report to the State Economic and Trade Commission according to the prescribed procedures. The State Economic and Trade Commission shall examine and approve the reports after consulting the Ministry of Foreign Trade and Economic Cooperation.

  After the feasibility reports (fungible of project propositions) have been approved, the foreign trade and economy departments in the pilot areas shall submit the contracts and articles of associations to the Ministry of Foreign Trade and Economic Cooperation according to the prescribed procedures, which shall examine and approve the contracts and articles of associations.

  Jointly-operated commercial enterprises which have been approved shall, within one month since the date of receiving the approval certificate, register with the State Administration of Industry and Commerce on the strength of the Approval Certificate for Foreign-funded Enterprises issued by the State Administration of Industry and Commerce.

  Article 9 To establish jointly-operated commercial enterprises, the following documents shall be submitted:

  I.the declaring document on the study of feasibility

  (1)the feasibility report compiled by all operators (fungible of project proposition);

  (2)bank's certification on property and credit, certificate of registration (photocopy), legal representative certificate (photocopy) of all operators;

  (3)all operators' annual asset and liability table, profit and loss table of the recent three years audited by accounting agency;

  (4)(if Chinese operator makes investment with State-owned property) the confirmation document of State-owned property managing departments on the assessing report concerning Chinese operator's investing State-owned property;

  (5) the species of merchandises that the planned jointly-operated commercial enterprises will operate;

  (6) other related documents.

  II.the declaring documents concerning contract and articles of association

  1.the declaring documents on the study of feasibility and the approving documents thereof;

  2.contracts and articles of association of the planned jointly-operated commercial enterprises signed by accredited representatives of all operative parties;

  3.list of import and export merchandises;

  4.the members of the board of directors of the planned jointly-operated commercial enterprises and the accreditation of directors from all parties;

  5.the notice of the approval of enterprise's appellation provided by the State Administration of Industry and Commerce;

  6.other related documents.

  The documents mentioned above refer to formal documents except those marked with "photocopy". Non-legal representatives shall show the accreditation provided by legal representatives in order to sign the documents.

  Article 10 If State-owned circulation enterprises invest to establish jointly-operated commercial enterprises, the assessing setups accredited by State-owned property management departments shall make scientific and righteous assessment on the tangible and intangible property invested in the light of the Measures on the Management of Assessment of State-owned Property. The assessment result serves as the foundation for evaluating State-owned property after the confirmation of State-owned property management departments at or above province level.

  Article 11 If the established jointly-operated commercial enterprises expect to involve wholesale business, establish branch stores or replace the cooperative party, the Ministry of Foreign Trade and Economic Cooperation shall conduct examination and approval after consulting the State Economic and Trade Commission; other changes of the established jointly-operated commercial enterprises shall be examined and approved by the original examining and approving organ according to the current provisions concerning foreign investment. Jointly operated commercial enterprises shall submit the following documents:

  (1) application report;

  (2) the report on enterprise's operating situation;

  (3) the report on the property evaluation;

  (4) the report and certification on the enterprise's export situation;

  (5) related decisions of the board of directors;

  (6) agreement on the revision of contract and provision;

  (7) other related documents.

  The enterprise shall register with the State Administration of Industry and Commerce and undergo the procedures of revision within one month since the date when the revised contract and articles of association are approved.

  Article 12 The operation scopes of jointly-operated commercial enterprises are:

  1. the operation scopes of retail-oriented jointly-operated commercial enterprises are:

  (1) commercial retail operation (including sell on a commission basis or sell by mail);

  (2) organize the export business of domestic products;

  (3) export and import business of its own merchandises;

  (4) the related matching services.

  2.the operation scopes of wholesale-oriented jointly-operated commercial enterprises are:

  wholesale of domestic and self-operated import merchandises within China, organizing the export of domestic products.

  Article 13 Retail-engaged jointly-operated commercial enterprises can also operate wholesale business.

  Article 14 Jointly-operated commercial enterprises are prohibited form engaging in acting business of export and import .

  Article 15 Jointly-operated commercial enterprises, operating merchandises on which the State has special provisions as well as those export and import merchandises with quota and license involved, shall undergo examining and approving procedure according to related provisions of the State.

  The annual import volume of the jointly operated commercial enterprise shall not exceed 30% of its annual selling volume.

  Article 16 Jointly-operated commercial enterprises shall conform to laws and regulations of the People's Republic of China and subject themselves to the jurisdiction of China's laws and regulations. Their normal operating activities and lawful rights and interests are protected by China's laws and regulations.

  If the activities of jointly operated commercial enterprises violate laws or regulations of China, the enterprises shall be punished in accordance with the relevant laws and regulations of China.

  Article 17 These Measure shall be strictly followed in the establishment of jointly-operated commercial enterprises at all localities. The Sate Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the State Administration of Industry and Commerce shall investigate and deal with those acts violating these Measure. All local economic and trade commissions, foreign trade and economic department and related departments shall investigate the pilots timely, summarize experience earnestly and solve the problems appropriately.

  Article 18 The State Economic and Trade Commission, the Ministry Foreign Trade and Economic Cooperation, the State Administration of Industry and Commerce or their authorized organs shall conduct supervision and administration on the foreign-funded jointly-operated commercial enterprises in accordance with law.

  Article 19 The establishment of jointly-operated commercial enterprises in the mainland of China by investors from Hong Kong Special Administrative Region, Macao and Taiwan shall be deal with in accordance with these Measures.

  Article 20 The State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation are responsible for the interpretation of these Measure.

  Article 21 These Measure take effect as of the date of promulgation.

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