REGULATIONS OF THE STATE COUNCIL FOR ENCOURAGEMENT OF INVESTMENT BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG AND MACAO
CIVIL PROCEDURE LAW
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(Adopted by the fourth session of the seventh National People’s Congress on 9th April 1991) Part One General Principles Chapter I. Tasks, Scope of Application and Basic Principles Article 1. The Law of Civil Procedure of the PRC takes the Constitution as its basis. It is enacted in the light of China’s experience in handling Article 2. The tasks of the Law of Civil Procedure of the PRC are to protect the party from a lawsuit in exercising its litigant rights and Article 3. Provisions of the Law apply to civil lawsuits between citizens, between legal persons and between other organizations, as well as Article 4. Civil proceedings within the territory of the PRC shall abide by this Law. Article 5. In filing a lawsuit and responding to a lawsuit in the People’s Court, foreigners, people without nationality, foreign enterprises Should the court of a foreign country restrict the civil litigant rights of the citizens, legal persons and other organizations of Article 6. The judicial authority over civil cases is exercised by the People’s Court. In civil proceedings, the People’s Court administers justice independently according to law, subject to no interference by administrative Article 7. In civil proceedings, the People’s Court shall base itself on facts and take the law as the criterion. Article 8. In civil proceedings, the litigants shall have equal litigant rights. In handling a civil case, the People’s Court shall ensure and Article 9. In civil proceedings, the People’s Court shall promote mediation in accordance with the principle of voluntariness and legitimacy; Article 10. In civil proceedings, the People’s Court practices the system of collegiate bench, withdrawal and public trial, and the system of Article 11. Citizens of all nationalities have the right to use their own languages, spoken or written, in civil proceedings. In districts compactly inhabited by a minority nationality or by a number of nationalities, the People’s Court shall hear cases and The People’s Court shall provide interpretation for a litigant participant unacquainted with the spoken or written language commonly Article 12. When the People’s Court is hearing a civil case, the litigant has the right of debate. Article 13. Litigants have the right of disposing of their own civil rights and litigant rights within the limits prescribed by law. Article 14. The People’s Procuratorate has the right of legal supervision over the trials of civil cases. Article 15. Organs, social organizations, enterprises and institutions may support the injured units or individuals to file a suit with the People’s Article 16. The People’s Mediation Committee is a mass organization that mediates civil disputes under the guidance of the ground-level people’s The People’s Mediation Committee conducts mediation according to the law and the principle of voluntariness. Litigants shall honor The People’s Court shall correct any violations of law committed by the People’s Mediation Committee during mediation. Article 17. The People’s Congress of ethnic autonomous regions may draft flexible or supplementary provisions in accordance with the principles
Chapter II. Jurisdiction Section One: Differentiated Jurisdiction Article 18. Unless otherwise stipulated in this Law, the ground-level people’s court is competent to rule on the first instance of civil cases. Article 19. The intermediate people’s court is competent to rule on the first instance of the following cases (1) Major cases involving foreigners; (2) Cases of great impact within its jurisdiction; (3) Cases determined by the Supreme People’s Court as coming under its jurisdiction. Article 20. The Higher People’s Court is competent to rule on the first instance of civil cases having great impact within its jurisdiction. Article 21. The Supreme People’s Court is competent to rule on the first instance of the following civil cases (1) Cases having great impact nationwide; (2) Cases it deems necessary to try. Section Two: Regional Jurisdiction Article 22. A civil suit against a citizen comes under the jurisdiction of the people’s court at the place where the defendant is domiciled; A civil suit against an institution or any other organization comes under the jurisdiction of the people’s court at the place where When the domiciles and regular abodes of several defendants in the same civil suit come under the jurisdiction of two or more people’s Article 23. The following civil suits come under the jurisdiction of the people’s court at the place where the plaintiff is domiciled; where (1) Actions concerning the identity of persons who do not reside within the domain of the PRC; (2) Actions concerning the identity of persons whose whereabouts are unknown or who have been declared missing; (3) Actions against persons undergoing re-education through labor; (4) Actions against persons in prison. Article 24. Actions arising from disputes over contracts come under the jurisdiction of the people’s court at the place of their signing or the Article 25. The two parties to a contract may specify in writing, the jurisdiction of the people’s court of their choice with regard to the defendant’s Article 26. Actions arising from disputes over insurance contracts come under the jurisdiction of the people’s court at the place of the defendant’s Article 27. Actions arising from disputes over negotiable instruments come under the jurisdiction of the people’s court at the place where the Article 28. Actions arising from disputes over contracts concerning rail, road, water, air or through transportation come under the jurisdiction Article 29. Actions against acts of encroachment come under the jurisdiction of the people’s court at the place where such acts are committed Articles 30. Actions claiming compensation for damage arising from rail, road, water and air accidents come under the jurisdiction Article 31. Actions claiming compensation for damage from ship collisions or other maritime accidents come under the jurisdiction of the people’s Article 32. Actions claiming salvage money come under the jurisdiction of the people’s court at the place of the salvage or at the port where Article 33. Actions claiming common sea damage come under the jurisdiction of the people’s court at the port where the ship first arrived, or Article 34. The following cases come under the special jurisdiction of the people’s court provided for by this article: (1) Actions started on account of disputes over immovable property come under the jurisdiction of the people’s court at the place (2) Actions started on account of disputes arising from harbor operations come under the jurisdiction of the people’s court at the (3) Actions started on account of disputes over inheriting property come under the jurisdiction of the people’s court at the place Article 35. Where an action comes under the jurisdiction of two or more people’s courts, the plaintiff may file a suit at any of them; where Section Three: Transferred Jurisdiction and Designated Jurisdiction Article 36. When a people’s court becomes aware that the case it is handling does not come under its jurisdiction, it shall transfer the case Article 37. Where the competent people’s court is unable to perform its right of jurisdiction on special accounts. Where the right of jurisdiction is in dispute between people’s courts, it shall be resolved through consultation by the two parties Article 38. Where a party has an objection to the right of jurisdiction after the case is accepted by the people’s court, the party shall raise Article 39. A superior people’s court has the right to conduct as the first instance the trial of a civil case which is under the jurisdiction Where an inferior people’s court considers that a civil case of first instance under its jurisdiction should be tried by a superior
Chapter III. Trial Group Article 40. In civil cases of first instance in the people’s court, justice is administered by a collegiate bench made up of either judges and In civil cases where simple procedures are applicable, justice is administered by one judge independently. Assessors during the exercise of their functions have equal rights and obligations with the judges. Article 41. In civil cases of second instance in the people’s court, justice is administered by a collegiate bench made up of judges. Members A case originally of first instance shall be tried de novo by a newly organized collegiate bench in accordance with the procedure Article 42. The presiding judge of the collegiate bench shall be appointed by the president of the court or by a chief judge from among the judges; Article 43. The principle of the minority being subordinate to the majority is followed in the deliberation of the collegiate bench. The minutes Article 44. Judges shall handle cases impartially and in accordance with the law. Judges may not accept dinner invitations or gifts from the litigants or their legal representatives. The legal liability of judges, who take bribes, practice favouritism, engage in fraudulent practices and bend the law in administering
Chapter IV. Withdrawal Article 45. In any of the following circumstances, a judge must withdraw from the exercise of his functions, and a litigant is enpost_titled to challenge (1) Where he is a litigant in the case or a close relative of a litigant or his legal representative; (2) Where he has an interest in the case; (3) Where he has other relations with a litigant, which may affect fairness in the administration of justice. The provisions of the preceding paragraph are applicable to recording clerks, interpreters, expert witnesses and inspectors. Article 46. In challenging, a litigant shall submit the reasons at the beginning of the hearing; where the cause of the withdrawal is learned Except for emergency measures required by the case, the person who is thus challenged shall temporarily stop exercising his functions Article 47. The withdrawal of a court president who serves as the presiding judge shall be decided by a judicial committee, while that of a judge Article 48. A people’s court shall make a verbal or written decision on a litigant’s application for withdrawal within three days of filing the
Chapter V. Litigant Participants Section One: Litigants Article 49. Citizens, legal persons and other organizations may act as litigants in civil proceedings. A legal person shall be represented by his legal representative in the proceedings, while other organizations shall be represented Article 50. A litigant has the right to entrust his representative with applying for withdrawal, collecting and presenting evidence, taking part A litigant may inspect materials pertaining to the case, and copy such materials and legal documents. The extent to which materials A litigant must exercise his rights in accordance with the law, observe procedural order, and implement any legally binding verdict, Article 51. Litigants of the two parties may reconcile of their own accord. Article 52. The plaintiff may abandon or alter his request for litigation. The defendant may admit or retort the request, and has the right to Article 53. A joinder is a case in which the litigants of one or both parties involve two or more people with common litigant objects or objects Where the litigants of one party in a joinder have common rights and obligations regarding the litigant objects, the litigant acts Article 54. The litigants of one party involving many people in a joinder may name a representative to handle the litigation. The representative’s Article 55. Where a case exists in which the litigants are two or more in number with litigant objectives of the same type, but the exact number The registered litigants may elect a representative; if they are unable to elect a representative, the court shall choose a representative The litigation acts of the representative are binding on the litigants he represents. When the representative acts to alter or abandon The judgment or ruling of the people’s court is binding on all the registered individuals who have the right to join; it is also binding Article 56. A third party who deems himself enpost_titled to an independent request with regard to the litigant objectives of both parties has the Where a third party is not enpost_titled to an independent request as regards the litigant objectives in dispute, but is legally interested party who is ordered to accept civil responsibility by the people’s court has the rights and obligations of a litigant. Section Two: Litigant Representatives Article 57. Where the litigant is incapable of litigant action, he may be represented by his legal representative; where he has no legal representatives, Article 58. Litigants or legal representatives may entrust one or two persons to represent them in the action. Lawyers, close relatives of the litigants, persons recommended by social organizations or the units where the litigants work, or other Article 59. Where a representative is entrusted in the action, a letter of attorney signed or sealed by the party that entrusted the representative The letter of attorney must list the items of trust and the limit of powers. Where the litigant representative acts to recognize, The letter of attorney from a Chinese citizen residing abroad must be certified by the Chinese embassy or consulate in the said country. Article 60. Where the power of a litigant representative is changed or removed, the litigant shall inform the people’s court in writing, and Article 61. Lawyers acting as litigant representatives or other representatives of the litigant have the rights to investigate, collect evidence Article 62. The parties involved in divorce cases shall appear before the court, except those incapable of expressing themselves, even though
Chapter VI. Evidence Article 63. Evidence falls into the following categories (1) Documentary evidence; (2) Material evidence; (3) Video and audio material; (4) Testimony of witnesses; (5) Statement by litigants; (6) Conclusion of expert corroborations; (7) Records of inspection. T SIZE=”-1″>None of the aforementioned evidence shall serve as the basis of establishment of facts before it has been ascertained Article 64. Litigants are obliged to present evidence for their assertions. The people’s court shall investigate and collect evidence which litigants and their representatives cannot collect because of objective The people’s court shall, in accordance with the legal procedure, examine and verify the evidence fully and objectively. Article 65. The people’s court has the right to acquire evidence from the relevant units and individuals, and they shall not refuse it. The people’s court shall examine the documents provided as evidence by relevant units and individuals, distinguish the true from the Article 66. The evidence shall be displayed and cross-examined by the litigants at the court. Evidence involving state secrets, commercial secrets Article 67. The people’s court shall acknowledge the validity of legal acts, legal facts and documents that have been notarized through legal Article 68. Originals shall be presented as documentary or material evidence. Where there is indeed difficulty in presenting the originals, reproductions, Documentary evidence in foreign languages must be accompanied by a Chinese translation. Article 69. The people’s court shall distinguish the true from the false video and audio material, and, in conjunction with other evidence, determine Article 70. Whoever knows something about the case in question has the obligation to testify at the hearing. Leaders of the relevant units shall Those who are unable to express themselves accurately are unqualified to act as witnesses. Article 71. The people’s court shall examine the statement of a litigant in the light of the other evidence in the case and determine whether Where a litigant refuses to make a statement, it shall not affect the establishment of facts in the case by the people’s court on Article 72. When the people’s court needs to corroborate special problems, it shall refer them to a legal corroboratory department; where there The corroboratory department and its designated expert witness have the right to acquaint themselves with the files of the case requiring The corroboratory department and the expert witness shall submit a written conclusion of corroboration and sign or seal the corroboration Article 73. In inspecting material evidence or the scene, the inspector must produce the document of the people’s court and invite the local The relevant units and individuals, in accordance with the notice of the people’s court, have the obligation to protect the scene The inspector shall prepare a written record of the inspection and its results, which shall be signed or sealed by the inspector, Article 74. If the evidence should possibly be destroyed or lost, or if it would be difficult to obtain afterwards, the litigant participant
Chapter VII. Period and Service Section I: Period Article 75. The period includes the legal period and the period designated by the people’s court. The period is computed in hours, days, months and years. The hour and the day from which the period begins are not included therein. When the final day of the period falls on a holiday, the first day after the holiday shall be the date of the expiration of the period. The period does not include the time of travel. Litigant documents which have been collected by the post office prior to the expiration Article 76. Where the time limit has been exceeded owing to force majeure or other legitimate grounds, the litigant may, within 10 days after Section II: Service Article 77. The service of litigant documents must be accompanied by a certificate of delivery upon which the addressee shall mark the date of The delivery date marked by the addressee on the certificate of delivery is the date of service. Article 78. Litigant documents shall be delivered directly to the addressee in person. When the addressee is a citizen and is absent, the documents CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL OF THE NATIONAL DEVELOPMENT ZONES FOR HIGH AND NEW TECHNOLOGY INDUSTRIES AND RELEVANT POLICIES AND PROVISIONS
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LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON WATER AND SOIL CONSERVATION
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The Standing Committee of the National People’s Congress Law of the People’s Republic of China on Water and Soil Conservation Order No. 49 [1991] of President June 29, 1991 (Adopted at the 20th Meeting of the Standing Committee of the Seventh National People’s Congress on June 29, 1991 , Promulgated by ContentsChapter I General Provisions Chapter II Prevention Chapter III Rehabilitation Chapter IV Supervision Chapter V Legal Responsibility Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purpose of the prevention and control of soil erosion, the protection and rational utilization of water Article 2 As used in this Law, the term ” water and soil conservation ” means preventive and rehabilitative measures taken against soil erosion Article 3 All units and individuals shall have the obligation to protect water and soil resources, prevent and control soil erosion, and also Article 4 The state shall, in relation to the work of water and soil conservation, implement the policy of prevention first, overall planning, Article 5 The State Council and the local people’s governments at various levels shall regard the work of water and soil conservation as an Article 6 The department of water administration under the State Council shall be in charge of the work of water and soil conservation throughout Article 7 The department of water administration under the State Council and those under the local people’s governments at or above the county The people’s governments at or above the county level shall incorporate the tasks specified in the water and soil conservation plans The people’s governments at or above the county level shall, in line with the actual conditions of soil erosion, designate key areas Article 8 Units and individuals engaged in production and construction activities which may cause soil erosion must adopt measures to protect Article 9 The people’s governments at various levels shall intensify the publicity of and education in water and soil conservation, and popularize Article 10 The state shall encourage the research in and raise the level of science and technology of water and soil conservation, popularize Article 11 Units and individuals that have made outstanding achievements in the prevention and control of soil erosion shall be awarded by the Chapter II Prevention Article 12 The people’s governments at various levels shall organize every citizen to engage in afforestation and encourage the planting of grass, Article 13 The local people’s governments at various levels shall, in light of respective actual conditions, organize agricultural collective Article 14 Reclamation of hillsides with a slope of over 25 degrees for cultivation of crops shall be prohibited. The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, in line with The specific area of the reclamation-forbidden slope shall be determined and announced by the local people’s government at the county Anyone who has conducted reclamation for cultivation of crops on the reclamation-forbidden slopes before the entry into force of this Article 15 Anyone who reclaims waste hillsides with a slope of above 5 degrees but under the prescribed reclamation-forbidden degrees must obtain Article 16 Felling of forest trees must be carried out in a rational manner and in line with the local conditions, and clear felling shall be For and felling in a forest area, water and soil conservation measures, for the felling area, worked out in accordance with the provisions Article 17 Water and soil conservation measures must be adopted to prevent soil erosion when preparations for afforestation, tending of young Article 18 In the construction of a railway, highway or water project, the disturbance of vegetation shall be minimized; waste sand, rocks and In the establishment of a mining or electrical power enterprise or any other large or medium-sized industrial enterprise, the abandoned Article 19 When the construction of a railway, highway or a water project is carried out, a mining or electrical power enterprise or any other Where a township collective mining enterprise is to be set up or an individual is to apply for mining, in accordance with the provisions Water and soil conservation facilities in a construction project must be designed, constructed and put into operation simultaneously Article 20 The local people’s governments at various levels shall take measures to strengthen the control over such production activities as Earth-fetching, sand-digging and quarrying shall be prohibited in areas in danger of land-collapsing or land-sliding or where mudrock Chapter III Rehabilitation Article 21 The people’s governments at or above the county level shall, in accordance with the water and soil conservation plans, organize competent Article 22 In a water-eroded region, by taking a small river basin comprising the natural ravines and flanking hillslopes as a unit, a comprehensive In a wind-eroded region, such measures as exploitation of water resources, water diversion for sand removal, planting of trees and Article 23 The state shall encourage the agricultural collective economic organizations and farmers in soil-eroded regions to carry out rehabilitation Article 24 The local people’s governments at various levels shall organize agricultural collective economic organizations and farmers to manage Article 25 In soil-eroded regions, any individual who contracts for the use of land owned by the collective shall include the responsibility Article 26 The rehabilitation of soil erosion on barren hills, waste valleys, barren hillocks and desolated beaches may be contracted to agricultural Where the rehabilitation of soil erosion on barren hills, waste valleys, barren hillocks or desolated beaches are contracted out, The trees planted on account of the contracted rehabilitation and the fruits yielded therefrom shall belong to the contractors; and The state shall protect the lawful rights and interests of the parties to a contract for rehabilitation. Within the term of the contracted Article 27 Any enterprise or institution must, in the course of construction or production, adopt water and soil conservation measures, and shall The expenses for the prevention and control of soil erosion arising in the course of construction shall be allocated from the capital Article 28 The people’s governments at or above the county level shall organize departments concerned to inspect for acceptance the water and The management and protection of water and soil conservation facilities, experimental sites, trees and grass planted and other rehabilitation Chapter IV Supervision Article 29 The department of water administration under the State Council shall establish a monitoring network for water and soil conservation, Article 30 Personnel in charge of supervision over water and soil conservation in the departments of water administration under the people’s Article 31 Any dispute arising among regions over the prevention and control of soil erosion shall be solved through consultation; if no settlement Chapter V Legal Responsibility Article 32 In the case of any violation of the provisions in Article 14 of this Law by cultivation crops on reclamation-forbidden hillslopes, Article 33 Where any enterprise, institution, or agricultural collective economic organization, without approval of the department of water administration Article 34 In the case of earth-fetching, sand-digging or quarrying in areas in danger of land-collapsing or land-sliding or where mud-rock flow Article 35 In the case of tree-felling in forest areas without adopting water and soil conservation measures, thus causing serious soil erosion, Article 36 Any enterprise or institution that causes soil erosion in the course of construction or production and fails to carry out rehabilitation The imposition of a fine shall be subject to a decision by the people’s government at the county level on a report submitted by the Any individual who engages in mining causes soil erosion and fails to carry out rehabilitation shall be punished in accordance with Article 37 Whoever hinders, by use of violence or threat, the performance of duty according to Law by personnel in charge of supervision over Article 38 If any party is not satisfied with the decision on administrative sanctions, it may, within 15 days after the receipt of the notice The reconsideration organ shall, within 60 days after the receipt of the application for reconsideration, make a reconsideration decision. If a party neither applies for reconsideration, nor brings a suit in a people’s court within the time limit, nor complies with the Article 39 Any individual or unit that causes damage from soil erosion shall bear the responsibility of removing the damage, and shall compensate Any dispute over the liability or amount of compensation may, upon the request by a party, be dealt with by the department of water In case of irresistible natural disasters, if damage from soil erosion cannot be avoided despite of taking reasonable measures promptly, Article 40 In case a person in charge of supervision over water and soil conservation derelicts his or her duty or abuses his or her power and Chapter VI Supplementary Provisions Article 41 The State Council shall for mutate the implementing regulations in accordance with this Law. The standing committees of the people’s congresses of the provinces, autonomous regions and municipalities directly under the Central Article 42 This Law shall enter into force as of the date of promulgation. The Regulations on the Work of Water and Soil Conservation promulgated |
The Standing Committee of the National People’s Congress
1991-06-29
OFFICIAL REPLY OF THE STATE COUNCIL CONCERNING THE ABSORPTION OF FOREIGN INVESTMENT FOR THE DEVELOPMENT OF THE YANGPU AREA IN HAINAN PROVINCE
| Category | SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-03-09 | Effective Date | 1992-03-09 |
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Official Reply of the State Council Concerning the Absorption of Foreign Investment for the Development of the Yangpu Area in Hainan |
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People’s Government of Hainan Province:
The Report on the Project Proposal for the Foreign-Invested Development
and Management of Thirty Square Kilometers of Land in the Yangpu Development
Zone, submitted by your Province, has been received. An official reply is
hereby made as follows:
1. We have agreed in principle with your Province to absorb foreign
investment for the development and management of about thirty kilometers of
land in the Yangpu area and build the area into the Yangpu Economic
Development Zone. You are allowed to negotiate with foreign investors
according to the provisions of the Interim Measures for the Administration of
the Foreign-Invested Development and Management of Tracts of Land.
2. We have agreed in principle that your Province may assign to foreign
developers the right to the use of all about thirty square kilometers of land
in the Yangpu area at a time. You are allowed to negotiate with foreign
investors and conclude contracts for the assignment of land use rights under
the Interim Regulations of the People’s Republic of China Concerning the
Assignment and Transfer of the Right to Use of State-Owned Land in the Urban
Areas. The contracts shall expressly provide detailed conditions and terms of
development and exploitation of land, assignment, lease and mortgage of land
use rights, and land-use fees. The contracts shall take effect with the
approval of the State Council.
After the right to the use of State-owned land has been assigned, the
ownership of resources and objects buried thereunder shall be reserved by the
State. If it is necessary to exploit and utilize them, the relevant laws and
administrative regulations of the State shall apply. The exploitation of
underground water resources in the Yangpu area shall be planned and controlled
in a rational way.
3. The development of land may be conducted by a single foreign investor,
or jointly by several foreign investors, or by a Sino-foreign joint venture.
For the purpose of the development and management of land, development
enterprises shall be established according to the laws. Under the jurisdiction
and protection of laws of the State, such enterprises must observe laws and
regulations of the State in engaging in any activity.
4. The Yangpu Economic Development Zone should be built into an
export-oriented industrial area, with advanced technology industries as its
leading sector and with the third industry developed correspondingly.
Development enterprises shall, according to this principle, draw up their
overall planning for the development and construction in the Yangpu Economic
Development Zone, which shall specify the main targets of the development and
construction, and its respective targets in different stages, the details and
requirements for achieving the development target, as well as the plans for
using the developed land.
5. The projects for the construction in the Yangpu Economic Development
Zone shall reflect the State industrial policies and meet the requirements for
economic development in Hainan, and shall be subject to the approval of the
Chinese Government. With regard to the authorities for examination and
approval of these projects, the relevant provisions of the Circular Concerning
the Summary of a Forum on Further Opening up and Quickening Economic
Development and Construction on Hainan Island, approved and transmitted by the
State Council in 1988, shall apply. Projects with foreign investment within
the Development Zone shall, if they don’t depend on the domestic market in
terms of finance, energy resources, raw materials and the sale of products, be
subject to the examination and approval of your Province. However, for those
of them beyond the approved quota, the project proposals shall obtain the
consent of the State Planning Commission before you examine and approve them.
Projects for infrastructure constructed within the Development Zone according
to planning may be examined and approved by your Province.
With the approval of the People’s Bank of China, banks or other financial
institutions with foreign investment may be established within the Development
Zone.
6. We have agreed in principle that the Yangpu Economic Development Zone
shall be administered as a closed or separate area. The detailed separation
and supervision measures shall be formulated by the General Customs
Administration and the Special Economic Zone Office under the State Council in
consultation with other relevant departments, and shall be enforced upon
approval.
7. Subject to the effective separation and supervision measures, policies
for bonded areas shall apply in the Yangpu Economic Development Zone to the
import and export control, collection and exemption of import and export
duties, product tax and value-added tax levied on behalf of the tax
authorities, but not to the administration of consumer goods imported for
market supplies. Before the enforcement of such measures, policies and
measures described in the Circular Concerning the Summary of a Forum on
Further Opening up and Quickening Economic Development and Construction on
Hainan Island, approved and transmitted by the State Council in 1988, and the
Provisions of the State Council Concerning the Encouragement of Investment in
Developing Hainan Island in 1988, shall continue to apply in the Yangpu area.
Other tax policies in the Yangpu Economic Development Zone shall refer in
principle to the tax policies of the Hainan Special Economic Zone laid down by
the State. The reduction and exemption of taxes under the central authorities
shall be subject to the approval of the Ministry of Finance and the State
Administration of Taxation. Taxes under the local authorities shall be
adjusted in the light of the actual situations in different industries and
nobody may reduce and exempt all of them at a time.
8. We have agreed in principle to your Province’s preliminary plan for
infrastructure construction with regard to facilities for water supply,
electricity supply, post and telecommunications, and means of transport in the
Yangpu Economic Development Zone. If the linking up of facilities and the
division of management work involves institutions outside the Development
Zone, you shall invite the institutions concerned to sign an agreement or a
contract with development enterprises so as to specify the detailed
requirements and measures. The issue on the building of a small-scale airstrip
in Yangpu shall be referred to the competent authority for special discussion.
9. The overall planning for allocating shorelines for ports in Yangpu Bay
shall be drawn up by the traffic departments, in which consideration shall be
given to reserve the land extension in depth from shorelines according to the
actual needs for planned ports or piers. The contracts for the assignment of
land use rights and the overall planning for the development and construction
shall specify such consideration. Subject to the planning, Chinese and foreign
parties may jointly invest in the construction and management of ports and
piers, and foreign investors may build and operate piers for the use of
enterprises. Ports and navigation affairs shall be under the unified
administration of the traffic departments.
10. We have agreed to your Province’s guideline on environmental
protection and measures for controlling the total quantity of pollutants
charged in the Yangpu Economic Development Zone. You should lose no time in
completing the assessment of regional environmental impact and doing other
preparatory work before the development and construction of the land is
started. Construction projects shall be in strict conformity with the
requirements of environmental protection. Facilities for the prevention and
control of pollution shall be designed, built and put into operation
simultaneously with the main project.
11. We have agreed in principle to your Province’s conception about the
administrative organ to be set up in the Yangpu Economic Development Zone. You
must make the administrative staff simple and efficient, divide functions
among them clearly, and intensify the effective administration as a government
department.
CIRCULAR OF THE STATE COUNCIL REGARDING THE FURTHER OPENING OF NANNING, KUNMING, PINGXIANG AND OTHER FOUR BORDER CITIES (OR COUNTIES OR TOWNS)
| Category | SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-06-09 | Effective Date | 1992-06-09 |
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Circular of the State Council Regarding the Further Opening of Nanning, Kunming, Pingxiang and Other Four Border Cities (or Counties |
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The State Council has resolved to further open such places as
Nanning (city), Kunming (city), Pingxiang (city), Dongxing (town),
Wanting (city), Ruili (county) and Hekou (county).
1. The policies for costal open cities shall be implemented in the cities
of Nanning and Kunming.
2. The following policies shall be implemented in some cities (or counties
or towns)–Pingxiang, Dongxing, Wanting, Ruili, and Hekou:
(1) Border trade and economic cooperation with foreign companies shall
be carried out in accordance with relevant regulations approved by the State
Council. The people’s governments of Guangxi Zhuang Autonomous Region and
Yunnan Province within the limit of their authority, may grant certain
authority to the governments of the five cities (or counties or towns)
concerning the administration of border trade and economic cooperation so
that they may have the right to examine and approve some economic contracts
concerning border trade, product processing, and labor service cooperation
without asking a superior department for instructions. The five cities (or
counties or towns) may, with the approval of the Ministry of Foreign Trade
and Economic Cooperation, increase the number of companies dealing with border
trade by one or two.
(2) The development of processing trades and foreign-exchange-earning
agriculture shall be encouraged in these regions. During the Eighth Five-Year
Plan period, the five cities (or counties or towns) shall be exempt from
import duties and product taxes (value-added taxes) for imported seeds, seed
plants, breeding stocks, fodder, related technical equipment for developing
the export of agricultural products, and imported machinery and other
materials for processing and export of agricultural products and for
technological reform of enterprises.
(3) Both domestic and foreign investment should be actively absorbed to
promote development of the economy. The governments of Guangxi Zhuang
Autonomous Region and Yunnan Province, within the limit of their authority,
may extend the authority of the governments of the five cities (or counties or
towns) to examine and approve foreign-funded projects. Income taxes shall be
levied on foreign-funded enterprises in the five cities (or counties or towns)
at a reduced rate of 24 percent.
(4) Investors from neighboring countries may include the means of
production or other materials and equipment in the total amount of their
investment. These goods may be sold in accordance with the regulations
concerned, and the import duties and the consolidated industrial and
commercial tax shall be reduced by half.
(5) Qualified cities (or counties or towns) are allowed to establish
border economic cooperation zones, and set up export-oriented processing
enterprises and relevant tertiaries. The specific scope of border economic
cooperation zones shall be examined and approved by the Special Economic
Zones Office of the State Council in conjunction with relevant departments.
The imported machines, equipment, and other materials, as well as office
articles within a reasonable quantity, so long as they are used for
infrastructure construction of border economic cooperation zones, shall be
exempt from import duties and product taxes (value-added taxes). During the
Eighth Five-Year Plan period, the newly-earned financial income of the
economic cooperation zones should be reserved for the construction of local
infrastructure.
(6) If the scale of production and export of export-oriented productive
enterprises which have links with the inland areas in the border economic
cooperation zones reaches a certain volume, they shall be granted the right
to import from and export to the neighboring countries with the approval of
the Ministry of Foreign Trade and Economic Cooperation. The income taxes of
the inland-associated enterprises shall be levied at a reduced rate of 24
percent supposing the profits remain in the locality, but an additional amount
of nine percent shall be collected by the region in which the inland investors
are if they transfer the profits to inland areas. Until the end of the Eighth
Five-Year Plan period, the above-mentioned enterprises shall be exempt from
regulation tax on investment orientation.
(7) The commodities received through barter by inland-associated
enterprises and foreign-funded enterprises in the border economic cooperation
zones may be sold by enterprises themselves, and import duties and
consolidated industrial and commercial tax shall be reduced by half for these
commodities. For importing commodities on which the state has placed
restrictions, the formalities of import examination and approval should be
handled in accordance with the relevant regulations of the state.
(8) The state shall grant appropriate subsidies to assist construction of
customs and other port facilities in these five cities (or counties or towns).
The specific amount and means of subsidization shall be appraised and decided
by the Ministry of Finance.
The five cities (or counties or towns) are allowed to collect managerial
fees (0.6 yuan/ton) on goods passing through the ports. These fees shall be
used for maintenance and construction of the port facilities and cities.
(9) Every year during the Eighth Five-Year Plan period, the People’s Bank
shall allocate to Wanting and Ruili 10 million yuan each, and to Pingxiang,
Dongxing, and Hekou 20 million yuan each as credit for fixed assets. These
allocations shall be used for the construction of the border cities and the
border economic cooperation zones and shall be included in the state’s credit
and investment plan.
(10) From this year to the end of the Eighth Five-Year Plan period, each
of the five cities (or counties or towns) shall be allowed to import 30 items
of transportation for their own use, which shall be exempt from import duties,
value-added taxes and special consumption taxes. These vehicles are to be used
only within the local region, and resale or conveyance outside is forbidden.
This shall be strictly supervised by the local customs offices. The authority
to check and issue import licences shall be granted to the department of
economy and trade of the Guangxi Zhuang Autonomous Region and Yunnan Province.
(11) Investment and establishment of overseas enterprises in peripheral
countries shall be permitted. According to Document No.13 issued by the State
Council in 1991, the projects with a total investment volume below US$1
million shall be examined and approved by the Guangxi Zhuang Autonomous Region
and Yunnan Province, and licences shall be issued after authority is granted
by the Ministry of Foreign Trade and Economic Cooperation.
The governments of the Guangxi Zhuang Autonomous Region and the Yunnan
Province should reinforce their leading role over the further-opened cities
and border towns and help them make overall plans for construction and
development. The scale of construction for land development should be suited
to the practical conditions of the localities. While expanding opening up and
speeding up economic construction, the two regions should strengthen
construction of the legal system and socialist spiritual civilization, tighten
macro-control over the economy, take strong measures against crimes such as
smuggling and narcotics trafficking so as to guarantee the security and
stability of the borders and the sound development of all undertakings.
MEASURES FOR THE ADMINISTRATION OF REGISTRATION OF ENTERPRISES FROM FOREIGN COUNTRIES (REGIONS) ENGAGING IN PRODUCTION AND BUSINESS WITHIN THE TERRITORY OF CHINA
|
Measures for the Administration of Registration of Enterprises from Foreign Countries (Regions) Engaging in Production and Business Decree No.10, 1992 of State Administration for Industry and Commerce (Promulgated by Decree No. 10 of State Administration for Industry and Commerce on August, 15, 1992) Article 1 These Measures are formulated in accordance with laws and regulations with a view to promoting economic cooperation with foreign Article 2 According to relevant laws and regulations, foreign enterprises, approved by the State Council and administrative authorities authorized Article 3 According to the state’s laws and regulations in force, foreign enterprises shall apply for registration if they are engaged in the (1) Exploration and exploitation of onshore and offshore oil and other mineral resources, (2) Contract projects for the construction and decoration of houses and civil engineering, or the installation of circuit pipelines and (3) Operation and management of foreign-invested enterprises by contracts or authorization, (4) Branches established in China by foreign banks, and (5) Other production and business permitted by the State. Article 4 When the projects for production and business conducted by foreign enterprises are approved by the examination and approval authorities, Article 5 When the foreign enterprises apply for registration, they shall submit the following documents or certificates: (1) Applications signed by the chairperson of the board of directors or general manager, and (2) Documents and certificates approved by the examination and approval authorities. Those engaged in the exploration and exploitation of onshore and offshore oil and other mineral resources shall submit documents approved (3) Contract for the production and business that foreign enterprises are engaged in (branches established in China by foreign banks are (4) Legitimate certificate of operation for enterprises issued by the governments of the countries (regions) where the foreign enterprises (5) Certificate of capital creditability of foreign enterprises, (6) Authorization letter issued by the China project person in-charge designated by the chairperson of the board of directors or the general (7) Other relevant documents Article 6 Main items about the registration of the foreign enterprises: name of enterprise, catalogue of enterprise, address, director, amount Name of enterprise refers to the name of the foreign enterprise stated in the legitimate certificate of operation, and it shall be Catalogue of enterprise refers to divisions determined by the different elements of production and business that foreign enterprises Address of enterprise refers to the sites where foreign enterprises are engaged in production and operation within the territory of Director of enterprise refers to the project director designated by the chairperson of the board of directors or the general manager Amount of the fund refers to the total expense of the foreign enterprise for production and business, such as the total amount of Business scope refers to the scope of production and business conducted by foreign enterprises within the territory of China. Period Article 7 Administrative departments of registration shall decide whether or not they will approve the registration within 30 days upon their Article 8 Based on the different categories of production and operation foreign enterprises are engaged in, the term of validity of “Business (1) For foreign enterprises engaged in the exploration and exploitation of mineral resources, the term of validity of their Business Licenses (2) For branches set up by foreign banks, the term of validity of their Business Licenses is 30 years, and the licenses shall be renewed (3) For foreign enterprises engaged in other production and business, the term of validity of their Business Licenses shall be checked Article 9 Foreign enterprises shall conduct business within the scope of production and business checked and ratified by the administrative Article 10 If foreign enterprises change their registration items, they shall apply to the administrative departments of registration for making The procedures for handling the changes in registration and the documents and the certificates required to be submitted shall follow Article 11 If foreign enterprises do not intend to apply for an extension of the registration at the expiration of the term of validity of the Article 12 When applying for cancellation of registration, foreign enterprises shall submit the following documents or certificates: (1) Applications for cancellation of registration signed by the chairperson of the board of directors or the general manager of the foreign (2) Business Licenses, their duplicates and official seals; (3) Certificates showing the completion of taxes issued by the customs and taxation departments; and (4) Documents of approval on the applications for foreign enterprises’ cancellation of registration issued by the competent departments When checking and ratifying the foreign enterprises’ cancellation of registration, the administrative departments of registration Article 13 Foreign enterprises shall pay registration fees when they register for business or for changes in registration. The fee standard Article 14 Branches of foreign banks, foreign enterprises engaged in business management and that engaged in the exploration and exploitation Article 15 Chinese enterprises that have signed contracts for production and business with foreign enterprises may notify timely the administration Article 16 What the administrative departments of registration mainly supervise and administer the foreign enterprises are as follows: (1) To supervise the foreign enterprises in going through business registration, registration for changes, and cancellation of registration (2) To supervise the foreign enterprises in conducting production and business within the scope of business checked and ratified by the (3) To supervise the foreign enterprises to receive annual check-up; and (4) To supervise the foreign enterprises to conform with Chinese laws and regulations. Article 17 If foreign enterprises violate these Measures, the administrative departments of registration shall investigate and punish them in Article 18 Enterprises from Hong Kong, Macao, and Taiwan engaged in the above-mentioned production and business shall follow these Measures. Article 19 The State Administration for Industry and Commerce is responsible for the interpretation of these Measures. Article 20 These Measures shall take effect from October 1, 1992. |
The State Administration for Industry and Commerce
1992-08-15
CIRCULAR OF THE STATE COUNCIL REGARDING FURTHER REFORM OF THE ADMINISTRATION OF INTERNATIONAL OCEAN SHIPPING INDUSTRY
| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-11-10 | Effective Date | 1992-11-10 |
|
Circular of the State Council Regarding Further Reform of the Administration of International Ocean Shipping Industry |
|---|
In order to meet the needs of developing foreign economic
relations and trade, a set of reform measures have been drawn up
which concern the administration of the international ocean shipping
industry in China, and which have played an active role in
enlivening foreign trade shipping and promoting the development
of the international ocean shipping industry. However, non-
separation between enterprises and administrative departments,
too much administrative interference and the inactivity of some
reform measures have restricted the management of goods shipping
agencies (hereinafter referred to as cargo agencies), shipping
agencies and the international ocean shipping enterprises
(hereinafter referred to as shipping companies), have caused a lack
of vigor in enterprises and affected the international ocean
shipping industry in China. Thus, further reform in the
administration of the international ocean shipping industry in
China must be undertaken. The following are to be especially
noted:
1. Free up cargo agencies and shipping agencies, allow more
managers, and encourage competition in order to improve service
quality. Those enterprises, including branches which have
obtained business licenses, which meet business operational
conditions and legally conduct business activities, may engage in
cargo agency and shipping agency activities after approval; cargo
owners and shipping companies shall have the right to freely
select cargo agencies or shipping agencies, and carriers and
cargo owners may establish direct carriage and consignment
relationships; no department may undertake to interfere with
them.
2. Every positive factor should be brought into play to
develop international ocean shipping. Those enterprises,
including large scale enterprise groups and specialized import
and export companies, which meet business operational conditions
and legally conduct business activities may establish shipping
companies after being approved for engaging in international
ocean shipping.
3. Freedom in management of the shipping companies shall be
enlarged in accordance with the provisions of the Regulations on
the Transformation of the Mechanisms of the Industrial
Enterprises Owned by the Whole People. Shipping companies may, in
light of state macro requirements, freely determine route
management, ship allocation, increases or decreases in shipping
and ship renewal.
4. Those routes which domestic shipping companies are not
able to open or those routes for which shipping densities are
insufficient may, on the principle of reciprocity, absorb
foreign-funded regular shipping vessels or overseas Chinese-
funded regular shipping vessels staying at ports in China, but
shipping may not be carried out along the coast. Foreign shipping
companies are allowed to run foreign-funded or Chinese-foreign
joint shipping ventures in a proper manner, and may canvass cargo
business, sign bills, convert foreign exchange and conclude
contracts for their own ships after approval.
5. The management functions of government departments shall
be conscientiously transferred. The Ministry of Communications
and the Ministry of Foreign Economic Relations and Trade shall,
on the principle of simpler administration and loosened control,
decrease the approval and administrative interference of the
specific routines of enterprises. The Ministry of Foreign Economic
Relations and Trade shall be in charge of the policy, guidelines,
regulations and statistical surveys concerning the administration
of cargo agencies; the Ministry of Communications shall be in charge
of the policies, guidelines, regulations and statistical surveys
concerning the administration of shipping companies and shipping
agencies. Henceforth the two ministries shall, through macroscopic
regulation and economic and legal measures, carry out macro
management of shipping companies, cargo agencies and shipping
agencies engaged in international shipping. Moreover, they shall,
in line with international invention and on the basis of China’s
national conditions, formulate just and reasonable operational
qualification standards and administrative approval measures for
the shipping companies, shipping and cargo agencies, and provide a
fair competitive market environment for enterprises. The two
ministries shall strengthen industrial administration of those
enterprises which participate in competition, without any
discrimination, and shall not treat them differently because they
are subject to different ministries. Each local government shall
also simplify administration, loosen control, and prevent local
protectionism.
6. The Ministry of Communications shall study the measures
taken by foreign countries in developing the shipping industry
and, through consultation with the relevant departments, formulate
specific policies for promoting the development of the ocean freight
industry in China, which shall be effective after being submitted to
and approved by the State Council.
The Ministry of Communications, the Ministry of Foreign Economic
Relations and Trade and other departments shall conduct research on
and formulate specific policies for the following items: fair
competition in taxation and management between state-owned shipping
agency enterprises, cargo agency enterprises, shipping companies
and foreign-funded or joint shipping agency enterprises, cargo
agency enterprises or shipping companies; improved supervisory and
restraint mechanisms; getting rid of barriers between different
levels or departments; preventing monopolies; and implementing
measures for the banning of illegal businesses and other activities
concerning the ocean shipping market. These measures shall be
effective after being submitted to and approved by the State Council.
7. The enterprises subject to the Ministry of Communications
and the Ministry of Foreign Economic Relations and Trade shall
bring into play their respective superiorities and develop a
horizontal integration by adopting joint operation and stock
purchasing measures.
8. The Ministry of Foreign Economic Relations and Trade and
the Ministry of Communications shall strengthen unity, cooperate
closely and consult with each other in administering
international ocean shipping. In case of problems involving other
departments concerned, agreement must be reached from such
departments or a joint document must be issued; no document with
which the relevant departments do not agree shall be promulgated.
Major issues which do not have the agreement of the relevant
departments through consultation may be submitted to and decided
by the State Council.
9. The China Ocean Shipping Company and the China National
Foreign Trade Transportation Corporation are the two largest
foreign trade shipping enterprises in China, and shall share the
same policy treatment by the state. The relevant departments shall
support them, improve their competitive power with foreign
companies, and promote the development of the international ocean
shipping industry in China.
10. Every relevant department shall, in the spirit of this
Circular, check up on the documents promulgated earlier by this
department; in case of any discrepancy with this Circular, former
documents shall be amended in accordance with the provisions of
this Circular and submitted for implementation.
This Circular shall be implemented as of the date of
promulgation.
CIRCULAR OF THE STATE COUNCIL CONCERNING PROMOTING SELF-OPERATED IMPORT AND EXPORT OF THE PRODUCTION ENTERPRISES
| Category | FOREIGN TRADE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1993-05-12 | Effective Date | 1993-05-12 |
|
Circular of the State Council Concerning Promoting Self-operated Import and Export of the Production Enterprises |
|---|
To authorize the large- and medium-size production enterprises to operate
import and export so as to enable them to participate directly in competition
in the international market is one of the important measures of deepening
enterprise reform and vitalizing the large- and medium-size state-owned
enterprises, which is of great importance to quicken the pace of reform and
opening to the outside world and develop foreign trade in this country. Since
issuing of Circular of the State Council Concerning Vitalizing the Large- and
Medium-Size State-Owned Enterprises and Circular of the State Council
Concerning Approval and Transmitting of Suggestions by the Ministry of Foreign
Economic Relations and Trade and the Production Office of the State Council on
Authorizing the Production Enterprises to Operate Import and Export, the
production enterprises which are authorized to operate import and export have
amounted to more than one thousand due to the effort made by the relevant
departments. The growth rate of the aggregate export value and self-operated
expert value of these enterprises are higher than the average growth level of
export throughout the country, they have obviously become one of the important
sources of foreign currency.
With a view of implementing in an all-round way the Regulations on
Transformation of Operational Mechanism of the State-Owned Enterprises,
keeping abreast of the socialist market economy regime and giving full play to
the superiority of the production enterprises in self-operated import and
export, the measure on the relevant matters are hereunder provided for:
1. The production enterprises which are authorized to operate import and
export (hereinafter referred to as “the self-operated enterprises”), after
going through the formalities of registration with the industry and commerce
administration, are to qualify as external legal person. The self-operated
enterprises may establish organization for import and export internally when
necessary. Qualified large-scale enterprise group(s) may establish a wholly
owned subsidiary company for import and export subject to approval. The
self-operated enterprises may export their products and relative technology
and import technology, equipment, spare parts and accessories, raw materials
needed in their production. Eligible self-operated enterprises may be granted
contractual management right for construction projects abroad.
The self-operated enterprises are obligated to fulfill the tasks of
export and earning foreign exchange assigned by the state, subordinate
themselves to the management and coordination by the local competent economic
and trade departments and submit information on their business operation and
statistics to the competent foreign economic and trade departments as required.
2. The local people’s governments and the departments concerned of the
State Council shall give support to the self-operated enterprises in every
respect. With a view to promoting the import and export of the self-operated
enterprises, the rights and the preferential policies to which the
self-operated enterprises are enpost_titled shall be positively granted, timely
guidance and assistance shall be rendered and personnel training for the
self-operated enterprises shall be given importance to. To the enterprises
which shoulder heavier task of earning foreign exchange by export, necessary
assistance and guarantee shall be provided in respect of raw material supply,
power supply, transportation arrangement, loans for circulating funds, etc.
so as to help them solve the difficulties in production and operation.
The State Economic and Trade Commission and the Ministry of Foreign Trade
and Economic Co-operation shall strengthen the coordination and administration
in self-operated import and export, resolve the problems and difficulties
in time and help the enterprises to enhance their ability to participate in
the competition on the world market. The competent authorities of foreign
trade at all levels shall incorporate the self-operated enterprises into
uniform administration and statistics at the state or local level, assign
annual export task and formulate tax refund plan in the light of actual
conditions prevailing in the self-operated enterprises and give necessary
guidance in respect of foreign trade policy and business.
3. The self-operated enterprises shall be treated equally with the foreign
trade enterprises in respect of the preferential import and export policy of
the state. The self-operated enterprises should apply for quota and licence
according to the relevant regulations of the state in their import and export
business involving commodities covered by the quota and licence control.
The self-operated enterprises may participate in bid on an equal basis
with the foreign trade enterprises for the export quota and licence
distributed through tendering or auction. The tax refund on export for the
foreign trade enterprises shall be uniformly practised for the self-operated
enterprises and timely, adequate refund shall be made to them based on the
principle of “refund to the full amount of export”.
4. The self-operated enterprises, after fulfilling the task of handing
over the required amount of foreign exchange earnings to the state, are
enpost_titled to use the foreign exchange self-retained and to make adjustment, no
department or unit is allowed to appropriate or withhold the foreign exchange
retained by the enterprises, to withhold the RMB repayable to the enterprises
after handing over the reimbursable foreign exchange earnings or to attach any
condition to the use of the foreign exchange earnings retained. The qualified
self-operated enterprises may open cash account in foreign currency with the
bank(s) authorized to handle foreign exchange business subject to approval by
the competent authorities. The self-operated enterprises are encouraged to
develop the business of import for the expansion of export, for the foreign
exchange earnings from it, within the amount and turnover approved, the amount
handing over to the state treasury shall be calculated in terms of net foreign
exchange earnings on the scale stipulated by the state.
5. The self-operated enterprises may open a circulating fund account of
RMB and foreign exchange with the bank(s) handling business of foreign
exchange settlement. The foreign trade circulating fund loan application filed
by the self-operated enterprises shall be considered by the bank on the
merits of their performance in production and operation, and requirements for
import and export, and the preferential interest rate for foreign trade shall
be applied. The self-operated enterprises may apply for export credit with the
relevant banks of the state in accordance with relevant regulations. The
self-operated enterprises are enpost_titled to decide on the use of fund retained
upon entry into force of the General Rules Governing Enterprise Financial
Affairs and the Accounting Criteria for Enterprises. The self-operated
enterprises may establish an export risk fund, withdrawal, utilization and
management of which shall be done as provided for by the Ministry of Finance.
6. The self-operated enterprises are enpost_titled to decide on theirown the
number and list of business personnel of the enterprises going abroad
frequently, and one-time approval for multiple trips within one year shall be
followed subject to approval by the competent authorities. Political scrutiny
in the case of director(general manager)of the enterprise going abroad shall
be carried out by the personnel department at a higher level, and in the case
of other persons of the enterprise going abroad shall be conducted by the said
enterprise’s personnel department. The enterprise may submit an application to
its responsible department for its persons going abroad with the letter(cable)
of invitation by a foreign firm, and the visa application and other procedures
in relation to departure shall be handled by the department in charge of
foreign affairs after approval.
The self-operated enterprises which are authorized by the State Council
to approve temporary business trips abroad (out of the territory) and
invitation to China may within their scope of business approve in their power
temporary business trips abroad (out of the territory) of the personnel from
their enterprises and invitation to foreign businessmen to China, and may
accomplish the formalities of departure from and entry into the country as
stipulated. In the case of directors(general managers), approval shall be
given by competent departments.
the self-operated enterprises may use their own foreign exchange earnings
to finance business trips abroad of their personnel out of the need of
developing their foreign business; in case of shortage in their own foreign
exchange earnings, they may apply to competent authorities for adjustment.
The relevant departments shall provide necessary assistance and facilities
for the self-operated enterprises to participate in or hold exhibitions,
business talks or trade fairs both at home or abroad.
7. The self-operated enterprises are encouraged to establish maintenance
and repair service network out of the territory (excluding Hongkong and
Macao), for this purpose the approval procedures shall be further simplified.
The establishment of the service network to meet the needs of their business
operations out of the territory (excluding Hongkong and Macao) for which the
investment by the Chinese side is less than one million US dollars may be
approved by the enterprises themselves, in the case of more than one million
US dollars (including one million US dollars), it shall be submitted for
approval as stipulated by the state. The maintenance and repair network so
established out of the territory shall strictly abide by the state regulations
on assets, finance, taxation and foreign exchange, etc. as well as the regime
and provisions for investment out of the territory provided for by the state.
8. The self-operated enterprises shall build up a reputation for their
brands in the market both at home and abroad. In the case of one trade mark,
the registration of which at home is by a production enterprise and by a
foreign trade enterprise abroad, the production enterprise after being
authorized to operate import and export business itself may become transferee
of the trade mark registered abroad by the foreign trade enterprise on the
basis of reimbursement; if the self-operated enterprise intends to use a
trade mark which has been registered by a foreign trade enterprise in china,
it shall sign a licencing agreement with the foreign trade enterprise in
accordance with the relevant law and guarantee the quality of the products
bearing the trade mark.
9. The self-operated enterprises of machinery and electronic products
shall be encouraged to expand their export for increasing foreign exchange
earnings while improving their economic efficiency. For the self-operated
enterprises of machinery and electronic products with linkage of the
aggregate salary with its economic performance, one more scale factor linking
the aggregate salary to the increase of their export value (or the foreign
exchange earnings received) may be added apart from the fixed coefficient
between total wage quota and the profits and taxes realized in pursuance of
the Circular of the State Council on Approval and Transmitting of the
Suggestions by the Machinery and Electronic Products Export Office of the
State Council on Further Promoting Export of Machinery and Electronic
Products, with the factors not exceeding 1 accumulatively. The calculation
therefor shall be governed by the Circular on the Calculation of Wage
Increases on the Basis of the Increased Floating Ratio of the Foreign
Exchange Earned by Export for the Production Enterprises of Machinery and
Electronic Products for Export by the former Machinery and Electronic
Products Export Office of the State Council, the Ministry of Labour and the
Ministry of Finance.
10. the self-operated enterprises must strictly abide by the policies,
laws and regulations on foreign trade by the state and operate under the
guidance and supervision of the competent authorities for foreign trade at
all levels. They must be oriented towards both the domestic and international
markets, aggressively develop new products, improve product quality, upgrade
their products and enhance the ability of competition in the international
market. They shall transform their operational mechanism, streamline internal
management, reduce cost and raise economic efficiency. They should positively
join the relevant chamber of commerce of importers and exporters, and be
subordinate to the guidance and coordination of the chamber in consideration
of the state interest. To keep a breast of the healthy development of
internationalized operation, the leading cadres and foreign trade personnel
of the enterprises shall enhance their political and business quality.
Reference shall be made to the above measures for the scientific and
research institutions which are authorized to manage import and export
business.