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

国家计委印发《关于中外合资、合作经营企业产品以产顶进办法》的通知 Measures for the Substitution of Importation by Products Manufactured by Chinese-Foreign Equity Joint Ventures and Chinese-Foreign Cooperative Joint Ventures

2006-05-18 13:57   我要纠错 | 打印 | 收藏 | | |

(Promulgated by the State Plan Commission on October 31, 1987)
颁布日期:19871019  实施日期:19871019  颁布单位:国家计委

  Article 1 These measures are specially formulated pursuant to the “Provisions of the State Council for the Encouragement of Foreign Investment” in order to encourage foreign businessmen to invest in and establish technologically advanced enterprises, and assist enterprises with foreign investment to achieve a balance of foreign exchange receipts and payments.

  Article 2 These measures are applicable to the productive Chinese-foreign equity joint ventures and cooperative joint ventures (hereinafter “joint venture” and “cooperative venture”) which are capable of providing the advanced technology needed by the country and involve in developing new products and upgrading the existing products.

  Article 3 Applications for import substitution treatment may be made if the following conditions are met:

  1. Temporary difficulties in balancing foreign exchange in the initial period of operation are encountered in respect of the product made by a joint venture or cooperative venture which has advanced technology needed by the country and which is in the process of localizing source;

  2. The products produced by the above mentioned enterprises are need to be imported at present and will be needed to be imported in the next few years by central and local authorities and relevant departments; and

  3. The specification, performance, term of delivery and the conditions of technical service and training of those products applied for import substitution should meet the requirements of domestic customers, and the products must be confirmed to reach the same quality standard as import products of the same kind after being tested by a State-level product quality examination center, and in principle, the prices are not higher than current prices in international market.

  Article 4 All enterprises which intending to ask for import substitution shall request import substitution in the project proposal submitted for examination and approval. In the feasibility study report submitted for examination and approval, the proportion of the products for export and domestic-sales, and the degree for increasing the indigenous components and parts of the products shall be clearly specified. The feasibility of import substitution (including the quantity of import products and the amounts of foreign exchange involved on a yearly basis) shall also be fully demonstrated or assessed.

  Article 5 In accordance with the principle of administrative separation, the application for import substitution of products of joint ventures and cooperative ventures should be examined and approved either by the central authorities or by local authorities (or departments)。 As for the project within the examination and approval limits of the central authorities, the application for import substitution shall be examined and approved by the State Planning Commission. As for the project within the examination and approval limits of the local authorities or departments the application for import substitution shall be examined and approved by the local planning commission or departments themselves.

  Article 6 Import substitution for the projects within the examination and approval limits of the central authorities shall be examined and approved by the State Planning Commission:

  1. In the case of products listed in the Central medium or long-term import plan, except for those products for which foreign long-term trade agreements have already been signed and those products for which imports must be arranged, import substitution may be approved in advance for the period covered by the central import plan at the time the feasibility study report is examined and approved.

  2. In principle, advance approval shall not be given for import substitution of products which are not listed in the Central medium or long-term import plan. However, if such products are listed in the Central annual import plan and import substitution is possible, the enterprises may apply to the State Planing Commission for import substitution. After approval is granted the formalities for import substitution shall be handled by the Ministry of Foreign Economic Relations and Trade and shall be valid for that given year only.

  3. As for the products not listed in the central medium and long-term or annual import plan, the enterprises may, where importation of the products is to be made locally in the given year, apply to local planning commission. After the approval is granted, the formalities for import substitution shall be handled by the local departments of foreign economic relations and trade.

  Article 7 Import substitution for projects within the examination and approval limits of local authorities should be examined and approved by the local authorities and departments:

  1. In the case that the products are listed in the medium and long-term or annual import plan of provinces, autonomous regions and municipalities directly under the Central Government and suitable for import substitution, the planning commission of the provinces, autonomous regions and municipalities directly under the Central Government can approve import substitution in advance for the period covered by the local import plan; reference shall be made to central examination and approval measures.

  2. In the case that the products are not listed in the medium and long-term or annual import plan of one region, but such products is to be imported into that-region or other regions, import substitution may be conducted trans regionally. The enterprises may apply directly to the planning commission of provinces and autonomous regions and municipalities directly under the Central Government which is importing the products. After approval is granted, the import substitution formalities shall be handled by the local departments of foreign economic relations and trade of such province, autonomous region or municipality directly under the Central Government.

  3. In the case that the products imported by the departments using their own foreign exchange, the enterprises may apply directly to such department for import substitution. If such department consents, it shall handle the import substitution formalities.

  Article 8 The above mentioned products of import substitution which have been approved by the State or local planning commission (or department) in advance for the period covered by the medium and long-term plan, must be further checked and ratified each year, in accordance with the situation of such import plan in such year.

  Under the same conditions, domestic users shall select and use the products approved for import substitution in reference to imports.

  All levels of import administration and import examination and approval authorities shall provide guidance to domestic users and encourage them to buy the products produced by joint ventures and cooperative ventures which conform to the conditions of import substitution, in reference to imports.

  Article 9 Domestic users shall pay the foreign exchange to joint ventures and cooperative ventures totally or partially when they buy products approved for import substitution according to the conditions agreed by both parties upon permission by the foreign exchange central authorities.

  Article 10 The State Economic Commission shall draw up and promulgate a list of mechanical and electric products of import substitution and relevant administrative measures, and provide the guidance to the domestic users to buy the products on the list, in reference to imports.

  Joint ventures and cooperative ventures that produce the products on such list, may enter bids in tenders organized by the China Machine and Electrical Equipment Tendering Center (or other tendering companies approved by the State Economic Commission)。 If an enterprise wins the render, it may carry out the import substitution on the basis of the certificate issued by the Center.

  Article 11 The import procedures of the materials and parts which must be imported by the joint ventures and cooperative ventures to produce the import substitution products shall be handled according to the Article 4 of “Implementation Measures of the Ministry of Foreign Economic Relations and Trade Concerning the Application for Import and Export Licenses by Enterprises with Foreign Investment”。 When the products mentioned above are supplied to domestic users, it shall be handled according to the Article 5 of the“ Measures of the Customs Authority of the People's Republic of China for the Control of Materials and Parts Required to be Imported for the Performance of Product Export Contracts by Enterprises with Foreign Investment”。

  Article 12 The joint ventures and cooperative ventures whose products have been approved for import substitution shall:

  1. strictly carry out the contract requirements regarding the proportion of export sales and the process of raising the indigenous components and parts of the products,

  2. strive maintain the technical performance and quality of the products at the world advanced levels; and

  3. deliver the products according to the quantity and the time required in the contract. The enterprises which cause economic losses to users because of problems in the amount or quality of products or the delivery time, etc., shall bear corresponding economic responsibility.

  4. provide the best service to users.

  Article 13 Once the products of joint ventures and cooperative ventures being approved for import substitution, such products shall not be included in the allocation plan of the materials produced in domestic.

  Article 14 The State Planning Commission shall be responsible for interpreting these Measures.

  Article 15 These Measures shall enter into force on 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