外商投资商业企业试点办法(A)

文章作者 100test 发表时间 2007:10:27 12:40:58
来源 100Test.Com百考试题网

英文： Experimental Measures for Commercial Enterprises with Foreign Investment
Article 1 These Measure are formulated in accordance with such laws and regulations as the Law of the Peoples Republic of Chinas on Chinese and Foreign Equity Joint ventures and the Law of the Peoples Republic of China on Chinese and Foreign Cooperative Joint Ventures in order to deepen the opening-up policy, promote the revolution and development of commercial enterprises, propel the building of domestic market and ensure the healthy and orderly implementation of pilots that widen commercial field and employ foreign investment.
Article 2 These Measures apply to equity or cooperative commercial enterprises established by foreign and Chinese companies, enterprises within China (hereinafter referred to as jointly-operated commercial enterprises). The establishment of commercial enterprises wholly funded by foreigners is not allowed temporarily.
Article 3 The jointly-operated commercial enterprises must adapt to the commercial development plans of the cities where they are located, be able to introduce the advanced marketing and managing experience in the globe, stimulate the modernization of domestic commerce, propel the export of domestic products, and bring economic and social benefits.
Article 4 The areas in which jointly-operated commercial enterprises may be established shall be prescribed by the State Council, presently they are confined to provincial capitals, capitals of autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State plan and special economic zone (hereinafter referred to as pilot areas).
Article 5 The investors of jointly-operated commercial enterprises must conform to the following conditions:
(1) Foreign operators or the major ones of foreign operators in the jointly-operated commercial enterprises (hereinafter referred to as foreign operators) shall be enterprises that possess comparatively strong economic power, advanced marketing skills and managing experiences, wide international marketing network, good reputation and remarkable operating achievement and the capability of propelling the export of Chinas products through the established jointly-operated commercial enterprises. Foreign operators who apply to establish retail-oriented jointly operated commercial enterprises shall possess an average sale of more than 2 billion US Dollars three years before application and asset of more than 0.2 billion US Dollars one year before application. Foreign operators who apply to establish wholesale-oriented jointly-operated commercial enterprises shall possess an average wholesale volume of more than 2.5 billion US Dollars 3 years before application and asset of more than 0.3 billion US Dollars one year before application.
(2) The Chinese operators or the major ones of Chinese operators (hereinafter referred to as Chinese operators) shall be current enterprises that possess comparatively strong economic power and operating capacity. Their asset shall be more than 50 million RMB (30 million RMB in the middle and western areas) one year before application. If Chinese operators are commercial enterprises, the average sale of the three years before application shall be more than 0.3 billion RMB (0.2 billion in the middle and western areas). if they are foreign trade enterprises, the average self-operated import and export volume three years before application shall be more than 50 million US Dollars (the export volume shall be no less than 30 million US Dollars).