国务院关于促进生产企业搞好自营进出口工作的通知
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国发（1993）37号（May 12， 1993） 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 entitled 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 entitled 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 entitled 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 entitled to decide on their own 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） maybe 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. |
