国务院关于中外合资经营企业外汇收支平衡问题的规定

国发（1986）6号
（Promulgated by the State Council on January 15， 1986）
颁布日期：19860115 　实施日期：19860201 　颁布单位：国务院

Article 1 These Provisions are formulated for the purpose of encouraging foreign investors to set up Chinese-foreign equity joint ventures in China and promoting the achievement of balance of income and expenditure in foreign exchange of these ventures so as to facilitate their production and business operations and make it available for foreign partners to remit abroad their legitimate profits obtained in China.

Article 2 Chinese-foreign equity joint ventures should try to increase export of their products and generate more foreign exchange and strive to achieve balance of income and expenditure in foreign exchange.

Article 3 If the income and expenditure in foreign exchange of a Chinese-foreign equity joint venture which has been set up with approval and in accordance with the law need to be regulated， the regulation shall be administered and effected by the authorities at different levels in accordance with their respective authority for examination and approval. With respect to a Chinese-foreign equity joint venture which has been set up with the approval of competent state authorities， the regulation of its income and expenditure in foreign exchange shall be effected by the competent state authorities from the foreign exchange revenues of the Chinese-foreign equity joint ventures throughout the country， or it may also be effected jointly by the competent state authorities and the local people's governments in accordance with the percentage agreed upon through consultation between them. With respect to a Chinese-foreign equity joint venture which has been launched with the approval of the local people's government or of the department concerned of the State Council of the People's Republic of China which has been authorized by the State Council of the People's Republic of China or entrusted by competent state authorities to grant the approval， the regulation of its revenue and expenditure in foreign exchange shall be effected by the local people's government or the department concerned from the foreign exchange revenues of the Chinese-foreign equity joint ventures which have been launched with their approval.

Article 4 Sophisticated products manufactured with advanced technology or key technology provided by foreign joint venturers or quality products highly competitive on the international market may be granted preferential treatment in respect of the percentage and the time limit allowed for placing them on the domestic market， provided that they are urgently needed domestically and are proved to be up to standard upon appraisal by competent authorities and that the granting of such treatment has been approved in accordance with the power for examination and approval and the procedures of examination and approval prescribed by the state. The placing of such products on the domestic market shall be specified in the contract signed between the manufactures and the party that needs the products.

The plan for the balance of revenue and expenditure in foreign exchange in the joint ventures involved in the preceding paragraph of this Article shall be formulated by the approving authorities in accordance with the provisions in the second paragraph of Article 3 of these Provisions. The plan for the balance of revenue and expenditure in foreign exchange thus formulated by the approving authorities shall， in accordance with the respective administrative order， be submitted to the Ministry of Foreign Economic Relations and Trade or the local department of foreign economic relations and trade for examination and comments and then be submitted to the State Planning Commission or the local planning commission for approval， upon which it shall be included into the long-term plan or annual plan for the use of foreign exchange and put into practice.

Article 5 Products manufactured by Chinese-foreign equity joint ventures which for a long time have had to be imported or are urgently needed may， in accordance with the quality and specifications required of the products and the status of their importation and upon approval by the competent authorities of the State Council of the People's Republic of China or by the local competent authorities， be used as import substitutes. Such substitution shall be specified in the Chinese-foreign equity joint venture contract signed between the two parties thereto or in the contract signed between the manufacturers and the party that needs the products. Departments of foreign economic relations and trade shall give active support to the domestic units that are users of the products and encourage them to sign purchase and sale contracts with the Chinese-foreign equity joint ventures referred to in the preceding paragraph in accordance with the prices prevailing in the international market. The plans for the use of foreign exchange for these units shall be formulated in accordance with the provisions in the second paragraph of Article 3 of these Provisions. The plans thus formulated shall， in accordance with the respective administrative order， be submitted to the Ministry of Foreign Economic Relations and Trade or the local departments of foreign economic relations and trade for examination and comments and then be submitted to the State Planning Commission or the local planning commissions for approval， upon which they shall be included in the long-term plans or annual plans for the use of foreign exchange and put into practice.

Article 6 In their efforts to seek a balance of revenue and expenditure in foreign exchange， Chinese-foreign equity joint ventures may， upon approval by departments of foreign economic relations and trade， make use of the foreign joint venturers' marketing relations to promote the export of domestic products and achieve comprehensive compensation. But with respect to the products which are under the State's centralized management， or for which export quotas are set， or for which an export licence is to be applied for and obtained， they shall be exported only with the special permission of the Ministry of Foreign Economic Relations and Trade. In default of such special permission no Chinese-foreign equity joint ventures may engage in the export business of these products.

Article 7 If a Chinese-foreign equity joint venture fails to fulfil the tasks of export and bringing in foreign exchange earnings it has undertaken in accordance with the stipulations of the contract， thus causing an imbalance of revenue and expenditure in foreign exchange， the authorities concerned shall not be held responsible for the regulation thereof.

Article 8 The products sold by Chinese-foreign equity joint ventures to enterprises which are located in areas other than the Special Economic Zones and the Economic and Technological Development Areas of the Open Coastal Cities and which are capable of making payment in foreign exchange shall， upon approval by the state departments for control of foreign exchange， be permitted to be priced and settled in foreign exchange.

Article 9 With respect to a foreign joint venturer who has set up two or more Chinese-foreign equity joint ventures inside China （including those in different localities and different sectors）， the legitimate share of foreign exchange the venturer is entitled to receive， in case of surplus in one venture but deficit in another， may， upon approval by the state department for control of foreign exchange， be regulated between the ventures the venturer has set up.

The regulation referred to in the preceding paragraph shall be subject to the consent of all the parties to the joint ventures.

Article 10 Foreign joint venturers in Chinese-foreign equity joint ventures who fail to achieve a balance of revenue and expenditure in foreign exchange may， upon approval by the departments of foreign economic relations and trade and departments for control of foreign exchange， re-invest the share of profit in Renminbi that they have received from the ventures in domestic enterprises that are capable of bringing in or increasing foreign exchange earnings in accordance with the provisions in Article 7 of the Law of the People's Republic of China on Chinese-foreign Equity Joint Ventures and may， in addition to enjoying the preferential treatment of getting part of their paid incomes taxes refunded， obtain foreign exchange from the newly increased foreign exchange revenues of the enterprises which have accepted their investments and remit abroad their legitimate profit.

Article 11 These Provisions shall apply to the Chinese-foreign equity ventures established inside China and to the joint ventures and contractual joint ventures set up on China's mainland by companies， enterprises and other economic organizations in the regions of Hong Kong， Macao and Taiwan. They shall also apply to the joint ventures and contractual joint ventures set up with investments by overseas Chinese. Financial and insurance enterprises established inside China by foreign joint ventures and enterprises of the same kind set up on China's mainland by joint ventures from the regions of Hong Kong， Macao and Taiwan shall not be governed by these Provisions.

Article 12 Where provisions existing， before the promulgation of these Provisions， concerning the question of the balance of revenue and expenditure in foreign exchange are in conflict with these Provisions， the latter shall prevail.

Article 13 The Ministry of Foreign Economic Relations and Trade shall be responsible for the interpretation of these Provisions.

Article 14 These Provisions shall go into effect on February 1， 1986