国家经济贸易委员会、对外贸易经济合作部、国家工商行政管理总局
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国经贸外经[2001]787号 Economic and trade commissions (Economic Commissions), foreign trade and economic cooperation commissions (Departments, Bureaux and Foreign Investment Work Committees), and administrations for industry and commerce of various provinces, autonomous regions, municipalities directly under the central government and cities with independent development plans and relevant local commissions of commerce (Industry Offices): On 1 July 1998, the General Office of the State Council issued the Status Concerning the Screening and Rectification of Non-experimental Foreign-funded Commercial Enterprises Circular ([Guo Ban Fa [1998] No. 98, hereafter Document No. 98), which made separate decisions on the handling of non-experimental foreign-funded commercial enterprises approved by local government departments beyond their authority by way of approving or rectifying such enterprises or cancelling or revoking their business licences. However, up to now Document No. 98 has not been implemented in earnest in several areas, and some local governments are still approving the establishment of foreign-funded commercial enterprises and their branches beyond their authority. As of this day, various local authorities have approved the establishment of 316 non-experimental foreign-funded commercial enterprises, among which 65 have been converted into domestic enterprises, ceased commercial operations or have had their business licences cancelled (revoked), but 251 are still in operation. To uphold the uniformity and seriousness of the policy of our country governing the utilization of foreign capital in the commercial sector on an experimental basis and ensure a healthy and orderly process of utilizing foreign capital in our commercial sector, with the approval of the State Council, this Circular on matters relating to further screening and rectification is hereby given as follows: 1. With respect to the 216 enterprises including those that are listed in Document No. 98 under the rectification category but the rectification of which has not yet been completed and those that were established with unauthorized approval by local governments after the issuance of Document No. 98, rectification shall be carried out against them in strict accordance with the Pilot Projects for Commercial Enterprises with Foreign Investment Procedures (hereafter the Pilot Procedures). Local governments concerned must finish the rectification work and submit the results thereof to the State Economic and Trade Commission (SETC), the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) and the State Administration for Industry and Commerce (SAIC) for verification by the end of 2001. Where an enterprise has not completed its rectification within the specified time limit, or its rectification is found not to be in conformity with the requirements, an order shall be given for it to close down for rectification. Thereafter, if such enterprise still fails to meet the rectification requirements, a time limit shall be specified for the cancellation of its registration leading to the revocation of its business licence. 2. With respect to Chongqing Jiang Tian International Commerce Plaza Co., Ltd listed in Document No. 98 under the cancellation (revocation) category but not yet cancelled (revoked), cancellation /revocation shall be carried out in accordance with the relevant stipulations. As for Chengdu Carrefour Chain Supermarket Co., Ltd and Shanghai Longhua Le Gou Household Shopping Co., Ltd that were established without authorized approval after the issuance of the Immediate Cessation of Unauthorised Approval and Covert Establishment of Foreign-funded Commercial Enterprises Circular (Guo Jing Mao Wai Jing [2000] No. 1072) issued by SETC, MOFTEC and the former SAIC on 13 November 2000, the foreign parties thereto shall transfer their equity interest therein and withdraw from the operation. The local departments concerned should work out measures for implementing the above decisions and submit the results of such implementation to SETC, MOFTEC and SAIC for the record by the end of 2001. 3. With respect to the 65 enterprises that have been converted into domestic enterprises or ceased operation or whose registration has been cancelled, the local authorities concerned should carry out further inspection and verification, and submit their findings to SETC, MOFTEC and SAIC for their record by the end of 2001. 4. With respect to the 32 enterprises listed in Document No. 98 under the approved category and enterprises that have been verified as having complied with the rectification requirements under Item 1 of this Circular, they shall be admitted for experimentation step by step. Where foreign parties to those enterprises that are located in experimental cities and that possess advanced marketing technique and have performed outstandingly in purchasing Chinese products, the enterprises concerned may be given the status of experimental enterprises upon approval in accordance with the Pilot Procedures. Enterprises located in non-experimental cities may not be converted into experimental enterprises prior to the promulgation of new stipulations [dealing with this issue]2. They shall continue to be treated under Document No. 98 as enterprises that "do not have the authority to operate import and export business, may not engage in wholesale business, may not expand their business scope and construction scale, may not open branch stores or extend their term of cooperation, and may not enjoy any tax exemption or reduction in respect of the equipment and raw materials imported for their own use (hereinafter referred to as the Five Prohibitions) and regulatory work thereon shall be strengthened. If any such enterprise opens branch stores in any experimental cities in the western region, it may be converted into an experimental enterprise upon approval of its application in accordance with the Pilot Procedures. 5. With respect to enterprises established with investment from Carrefour of France, they shall be handled in accordance with the Opinions for Dealing with Commercial Business Activities Carried Out by Carrefour of France in China in Contravention of State Regulations Circular (Guo Jing Mao Wai Jing [2001] No. 354) issued by SETC, MOFTEC and SAIC. 6. With respect to those non-experimental foreign-funded commercial enterprises whose establishment has not yet been reported to the central authorities, local governments concerned should retrospectively report such cases within one month after the issuance of this Circular. If the establishment of such enterprises is not reported within the time limit, the registration body shall cancel their registration or revoke their business licence. 7. In view of the fact that Henan Zhengzhou [Dennis] Department Store Co., Ltd opened its branch stores without authorization and in contravention of the Pilot Procedures, its status as an experimental enterprise shall be suspended. Henan Provincial Economic and Trade Commission, Foreign Economic and Trade Department and Administration for Industry and Commerce should carry out rectification of it and submit, as soon as possible, the results of the rectification to SETC, MOFTEC and SAIC for verification. Before the rectification is carried out and the requirements are met, the said enterprise shall be regulated in accordance with the Five Prohibitions set out in Document No. 98. 8. In the future, application for the establishment of a foreign-funded commercial enterprise and any branch store of a foreign-funded commercial enterprise shall, in accordance with the Pilot Procedures, be submitted to SETC and MOFTEC for approval and be registered with SAIC or the local administration for industry and commerce authorized by SAIC. Meanwhile, no foreign-funded commercial enterprise may be established covertly in any locality. If any such enterprise is discovered to have been established, it shall be dealt with seriously, and the responsible administrator in the local government shall be held administratively responsible. Local governments should regard the rectification of non-experimental foreign-funded commercial enterprises as an important task for rectifying market order, and should lose no time in carrying out such rectification in the light of our country's imminent accession to the WTO. Lessons should be learned, and the State policies and regulations should be implemented strictly to standardize activities in the commercial sector involving foreign investment. Orders should be executed without fail so as to ensure the healthy and orderly procedure for the work of utilizing foreign capital. |
