PROVISIONAL REGULATIONS OF THE BANK OF CHINA OF FOREIGN EXCHANGE CERTIFICATE
RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON APPROVING THE INTERIM PROVISIONS OF THE STATE COUNCIL FOR VETERAN CADRES TO LEAVE THEIR POSTS IN ORDER TO REST
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Resolution of the Standing Committee of the National People’s Congress on Approving the Interim Provisions of the State Council for Veteran Cadres to Leave Their Posts in Order to Rest* |
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| (Adopted on September 29, 1980) | |
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| Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress. | |||||||||||
INTERIM PROCEDURES OF THE STATE IMPORT-EXPORT COMMISSON AND THE MINISTRY OF FOREIGN TRADE OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE SYSTEM OF EXPORT LICENSINGG
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCLL CONCERNING CHINA’S ACCESSION TO THE HAGUE CONVENTION AND THE MONTREAL CONVENTION
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(Effective Date:1980.11.03–Ineffective Date:)
Upon approval by the State Council, China acceded on September 10, 1980 to the Convention Concerning the Checking of the Illegal Hijacking Since the beginning of the 1960s, incidents involving using violence to hijack civil aircraft and damaging civil aviation facilities In recent years, although the incidence of hijacking and other terrorist acts has been reduced in the world, they do occur occasionally;
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TRIAL PROCEDURES FOR MONITORING INFECTIOUS DISEASES IN BORDER PORTS
INTERIM PROVISIONS OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF
| Category | FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1980-10-30 | Effective Date | 1980-10-30 |
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Interim Provisions of the State Council of the People’s Republic of |
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China on the Administration of Resident Representative Offices of Foreign
Enterprises
(Promulgated by the State Council on October 30, 1980)
Article 1 These Provisions are formulated with a view to facilitating
the development of international economicand trade contacts and the
administration of resident Representative offices in China of foreign
companies, enterprises and other economic organizations (hereinafter referred
to as “foreign enterprises”).
Article 2 Any foreign enterprise desiring to establish a resident
representative office in China shall file an application for permission and,
after securing approval, go through the registration procedure. No residence
representative office to be established is allowed to start business
activities as such before approval and registration.
Article 3 When applying for permission to establish a resident
representative office in China, a foreign enterprise shall submit the
following certificates and papers:
a) An application form signed by the chairman of the board of directors or
the general manager of the enterprise. The application form shall include such
details as the name of the resident representative office to be established,
the name(s) of the responsible staff member(s), the scope of activity,duration
and site of the office;
b) The legal document sanctioning the operation of that enterprise issued
by the authorities of the country or the region in which that enterprise
operates;
c) The capital creditability document(s) issued by the financial
institution(s) having business contacts with that enterprise; and
d) The credentials and resumes of the staff members of the resident
representative office appointed by that enterprise.
A banking or insurance institution which desires to open a resident
representative office shall, apart from submitting the certificates and papers
as specified in Paragraphs a, b and d, submit at the same time an annual
report showing the assets and liabilities and losses and profits of teh head
office of that institution, its articles of association and the composition
of its board of directors.
Article 4 Foreign enterprises wishing to establish residence
representative offices shall, according to their respective lines of business,
apply to one of the following departments for approval:
a) A trading or manufacturing enterprise or a shipping agency shall apply
to the Ministry of Foreign Trade of the People’s Republic of China;
b) A financial or insurance institution shall apply to the People’s Bank
of China;
c) A maritimke shipping enterprise or a maritime shipping agency shall
apply to the Ministry of Communications of the People’s Republic of China;
d) An air transport enterprise shall apply to the General Administration
of Civil Aviation of China;
e) Enterprises outside these lines of business shall, according to the
nature of their operations, apply to the competent commissions, ministries or
bureaus under the Government of the People’s Republic of China.
Article 5 When granted approval to establish a resident office, a foreign
enterprise shall, within 30 days as of the date of approval, approach the
State Administration for Industry and Commerce of the People’s Republic of
china, on the strength of the approval document, for going through the
registration procedure. The enterprise shall fill in a registration form, pay
registration fee and receive a registration certificate. the original approval
document shall be recalled in case of failure to register at the expiry of
the specified period.
Article 6 After the approval for the establishment of a resident
representative office is granted in accordance with the stipulations in
Article 4, the staff members of that office and their families shall, on the
strength of the approval document, go through the necessary formalities with
the local public security organ to obtain residence permits.
Article 7 When a resident representative office is to change its name,
responsible member(s), scope of operation, duration or address, it shall
apply to the original approving department and, after securing approval,
approach the State Administration for Industry and Commerce, on the strength
of the approval document, for going through the procedure for effecting
changes in registration and pay the fees. It shall also go through the
procedures with the local public security organ for changes of residence
permits.
Article 8 A residence representative resident office shall, on the
strength of the registration certificates and in accordance with the relevant
stipulations of the Bank of China, open an account at the Bank of China or at
any bank designated by the Bank of China.
Article 9 A resident representative office and its staff members shall,
in accordance with the stipulations of China’s tax laws, go through the tax
registration procedure with the local tax office and pay taxes accordingly.
Article 10 A resident representative office and its staff members shall
declare to China’s Customs the imported office articles, articles for daily
use and means of transport and pay customs duties and the consolidated
industrial and commercial taxes as stipulated.
Imported vehicles and ships shall be registered with the local public
security organ for obtaining the licence plates and permits. Dues shall be
paid to the local tax office for the use of the vehicles and ships.
Unauthorized transferor sale of the above-mentioned imported goods is not
permitted. Where the need to effect a transfer or sale arises, an application
shall be submitted to the Customs for approval before such transfer or sale
can be effected. Such imported goods can be sold only to designated shops.
Article 11 A resident representative office shall entrust local service
units for foreigners or other service units designated by the Chinese
Government with such matters as renting a house or engaging the service of
Chinese personnel.
Article 12 The Government of the People’s Republic of China shall
undertake to protect, in accordance with the law, the legitimate rights and
interests of resident representative offices and their staff members and give
them facilities in their normal business activities.
Article 13 Resident offices are not allowed to install radio stations on
Chinese territory. They shall apply to the local telecommunications bureaus
for the renting of such commercial communications lines or communications
equipment as may be necessary for their business operations.
Article 14 The staff members of a resident representative office and
their families shall abide by Chinese laws, decrees and relevant regulations
in all their activities in China and in entering and leaving China.
Article 15 In case a resident representative office and its members
violate these Provisions or engage in other activities in contravention of
Chinese laws, the Chinese authorities have the power to look into the cases
and deal with them in accordance with the law.
Article 16 A resident representative office, when the duration of
its operation expires, or if it decides
to end its business activities before the due date, shall notify in writing
the original
approving department 30 days in advance of the termination of its operation.
After clearing up nits debts, paying its taxes and winding up other related
matters, the resident office shall go through the formalities with the
original registration certificate-issuing department fo cancelling the
registration and turn in the certificate.
The foreign enterprise which the said resident representative office
represented, shall continue to be held responsible for any matter that the
said residence representative office may leave unfinished at the time of its
termination.
Article 17 Those resident representative offices that have already been
established with approval shall, within 30 days of the promulgation of these
Provisions, go through the procedure of registration with the State
Administration for Industry and Commerce of the People’s Republic of China on
the strength of their documents of approval.
Article 18 Any other matter that may not be covered in these Provisions
shall be handled in accordance with the relevant Chinese laws, decrees and
regulations.
Article 19 Matters relating to resident representatives to be institued
by foreign enterprises shall be dealt with by applying mutandis these
Provisions applicable to the establishment of resident representative offices.
Article 20 These Provisions shall enter into effect as of the date of
promulgation.
REGULATIONS FOR COLLECTING TALLYING FEES BY THE CHINA OCEAN SHIPPING TALLY COMPANY
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING CHINA’S ACCESSION TO THE HAGUE CONVENTION AND THE MONTREAL CONVENTION
| Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1980-11-03 | Effective Date | 1980-11-03 |
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Circular of the General Office of the State Council Concerning China’s Accession to the Hague Convention and the Montreal Convention |
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Upon approval by the State Council, China acceded on September 10, 1980
to the Convention Concerning the Checking of the Illegal Hijacking of Aircraft
(hereinafter referred to as “the Hague Convention”) and the Convention
Concerning the Checking of Illegal Acts that Jeopardize Civil Aviation Safety
(hereinafter referred to as “the Montreal Convention”) which had been
concluded internationally, and declared at the time of accedence that China
shall not be bound by Paragraph 1 of Article 17 of the Hague Convention and
Paragraph 1 of Article 14 of the Montreal Convention and that the signing and
rectification of the Conventions by the Taiwan authorities in the name of
China are illegal and null and void. The two Conventions became applicable to
China on October 10, 1980.
Since the beginning of the 19960s, incidents involving using violence to
hijack civil aircraft and damaging civil aviation facilities have frequently
occurred in the world. In order to check such acts of terrorism and safeguard
the safety of international civil aviation, the International Civil Aviation
Organization presided in 1963 over the formulation of the Convention
Concerning Crimes and Some Other Acts in Aircraft (hereinafter refered to as
“the Tokyo Convention”, to which China acceded in November 1978 upon approval
by the State Council) and, following that it formulated in 1970 and 1971
successively the Hague Convention and the Montreal Convention. These
Conventions are of positive significance to protecting the safety of civil
aircraft and other civil aviation facilities.
In recent years, although the incidence of hijacking and other terrorist
acts has been reduced in the world, they do occur occasionally; and on China’s
civil aircraft, there have been three attempted hijacking incidents for the
purpose of fleeing the country. In order to ensure the safety in transport for
international and domestic airliners and effectively guard against the
occurrence of hijacking and other criminal acts, it is hoped that various
regions and competent departments earnestly implement the relevant Articles
of the aforementioned international Conventions (for the translated Chinese
version of the Hague Convention and the Montreal Convention, please see the
State Council Bulletin Number 17 of 1980 and, for the translated Chinese
version of the Tokyo Convention, please see the document of the Civil Aviation
Administration of China and the Ministry of Foreign Affairs, Ref.:
(78) Zhijizi No. 591), heighten their vigilance, tighten the ground security
check and the on board security protection measures and strictly prevent any
attempt to use violence to hijack aircraft or damage civil aviation facilities
so as to guarantee the safety in China’s civil aviation. In the event that
incidents should occur involving foreign countries such as hijacked foreign
aircraft landing in China, the matter should be handled properly, in
accordance with the law of China and with reference to the relevant provisions
of the aforementioned three Conventions.
PROCEDURES FOR THE REGISTRARTION AND ADMINISTRATION OF CHINESE-FOREIGN JOINT VENTURES
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(Promulgated by the State Council on and Effective as of July 26, 1980)
Article 1. In accordance with the provisions of the Law of the People’s Republic of China on Chinese-Foreign Joint Ventures, these Procedures Article 2. A Chinese-foreign joint venture that has been approved by the Foreign Investment Commission of the People’s Republic of China shall, The General Administration for Industry and Commerce of the People’s Republic of China shall authorize the administrative bureaus Article 3. A Chinese-foreign joint venture that applies for registration shall present the following documents:
(1) The document of approval issued by the Foreign Investment Commission of the People’s Republic of China; (2) Three copies each of the Chinese and foreign language texts of the joint venture agreement and contract signed by the parties (3) A copy of the business license or other documents issued by the competent department of the government of the country (or region) Article 4. When a Chinese-foreign joint venture applies for registration, it shall fill out three copies each of a registration form in Chinese Article 5. From the date it is issued its business license, a Chinese-foreign joint venture shall be regarded as formally established, and its Unregistered enterprises shall not be permitted to go into operation. Article 6. A Chinese-foreign joint venture shall, upon presenting its business license, open an account with the Bank of China or a bank approved Article 7. When a Chinese-foreign joint venture desires to move to a new site, change its line of production, increase, decrease of assign the When there are changes in other registered items, they shall be reported in writing at the end of the year to the administrative bureau Article 8. When a Chinese-foreign joint venture registers or modifies its registration, it shall pay a registration fee or a fee for modification Article 9. A Chinese-foreign joint venture, upon the expiration of the contract period or upon termination of the contract before the date of Article 10. The General Administration for Industry and Commerce of the People’s Republic of China and the administrative bureaus for industry Article 11. These Procedures shall go into effect on the day they are promulgated. (The English translations are for reference only)
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ANNOUNCEMENT OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING REGISTRATION OF RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES
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The State Administration for Industry and Commerce Announcement of the State Administration for Industry and Commerce of the People’s Republic of China Concerning Registration of Resident the State Administration for Industry and Commerce December 8,1980 “Interim Provisions of the People’s Republic of China Concerning the Control of Resident Representative Offices of Foreign Enterprises” (1) In accordance with the “Interim Provisions”, a resident representative office or a resident representative, when approved by the proper (2) A resident representative office or a resident representative, when approved by the proper ministries and departments under the State (3) A resident representative office or a resident representative of an overseas Chinese, Hongkong or Macao enterprise that has been approved (4) A resident representative office or a resident representative that has been approved by the provincial, municipal or autonomous regional (5) When an approved resident representative office or an approved resident representative of a foreign enterprise goes through registration (6) The period of validity of the “Registration Certificate of Resident Representative Office of Foreign Enterprise” is the duration period |
The State Administration for Industry and Commerce
1980-12-08
CONSTITUTION ACT, 1982 – page 22
