最高人民法院对《商务部关于请确认关于审理与企业改制相关的民事

[2003]民二外复第13号

颁布日期：20031020 　实施日期：20031020 　颁布单位：最高人民法院

[2003] No.13 of the Supreme People's Court

The Ministry of Commerce of the People's Republic of China：

We have received your Letter for Determination of Whether the “Provisions on Some Issues relating to the Trial of Civil Dispute Cases pertinent to the Restructuring of Enterprises” Is Applicable to Foreign Investment of [2003] No. 33 of the Ministry of Commerce， which was sent to us on September 12， 2003. We hereby make the following reply after deliberation：

Although the act of joint venture and cooperation between Chinese enterprises and foreign enterprises and the investment act of foreign enterprises in China do involve the alteration of owners， assets and shareholders of enterprises， they don't fall within the scope of restructuring of state-owned enterprises； and there are special laws and regulations to regulate these acts. Therefore the foreign investment acts shall not be regulated by the judicial interpretation mentioned above.

Letter of the Ministry of Commerce on the Determination of Whether the “Provisions on Some Issues relating to the Trial of Civil Dispute Cases pertinent to the Restructuring of Enterprises” Is Applicable to Foreign Investment （Omitted）

The Supreme People's Court of the People's Republic of China

October 20， 2003