结汇、售汇及付汇管理规定 Administration of the Settlement, Sale and Payment of Foreign Exchange Provisions
2009-03-24 法律英语 来源:互联网 作者: ℃3. with respect to the start-up expenses and annu
al budget of representative offices or office establishments set up outside the People's Republic of China, payment shall be made or conversion and payment effected on the strength of the documents of the authorities-in-charge that approved the setup of such offices or establishments, and the budget proposals;
4. with respect to examinations fees to be paid to payees outside the People's Republic of China by the foreign examinations coordination organization of the State Education Commission, payment shall be made or conversion and payment effected on the strength of the contracts with the foreign parties and the statements of account or settlement notices of the foreign examinations institutions;
5. with respect to expenses required for the handling of trademark and copyright registration, patent applications and legal and consultancy services, etc., outside the People's Republic of China, payment shall be made or conversion and payment effected on the strength of the contracts and invoices; and
6. with respect to expenses for foreign travel for official business, payment shall be made or conversion and payment effected on the strength of the approval documents for the assignments requiring foreign travel issued by departments authorized by the State.
With respect to foreign exchange to be used for non-commercial purposes other than that set forth in items (1) to (6) above, organizations inside the People's Republic of China shall make payment from their foreign exchange accounts, or effect conversion and payment at designated foreign exchange banks, after the Administration of Exchange Control has verified the authenticity of the uses.
Article 19 Foreign exchange of individual residents used for private purposes shall be handled in accordance with the Conversion of Foreign Exchange for Private Purposes by Residents of the People's Republic of China Procedures and the Remittance of Foreign Exchange Deposits Out of the People's Republic of China by Residents of the People's Republic of China Provisions.
Article 20 After individual residents leave the People's Republic of China to reside elsewhere, conversion and payment of the following lawful Renminbi earnings shall be effected at designated foreign exchange banks authorized by the Administration of Exchange Control on the strength of proof of their identification and the specified valid vouchers:
1. with respect to interest on Renminbi deposits, conversion and payment shall be effected on the strength of the statements of interest on Renminbi deposits;
2. with respect to rentals generated from the lease of premises, conversion and payment shall be effected on the strength of the premise lease contracts and the certificates from the authorities for the administration of the lease of such premises; and
3. with respect to earnings from other assets, conversion and payment shall be effected on the strength of relevant supporting materials and statements of earnings.
Article 21 With respect to the outward remittance of after-tax profits or bonuses of the foreign investors in foreign investment enterprises after payment of tax according to law, payment shall be made from their foreign exchange accounts, or conversion and payment effected at designated foreign exchange banks, on the strength of the written resolutions of the board of directors on profit distribution.
With respect to the Renminbi wages and other legitimate earnings of foreign, overseas Chinese, Hong Kong, Macao and Taiwanese staff and workers of foreign investment enterprises after payment of tax according to law, conversion and payment shall be effected at designated foreign exchange banks on the strength of supporting materials.
Article 22 With respect to dividends which regulations require to be paid in a foreign currency, payment shall be made from the foreign exchange accounts, or conversion a
nd payment effected at designated foreign exchange banks on the strength of the written resolutions of the board of directors on profit distribution after payment of tax according to law.
Article 23 With respect to lawful Renminbi revenue of foreign establishments inside the People's Republic of China and persons who have come to China that needs to be remitted out of the People's Republic of China, conversion and payment shall be effected at designated foreign exchange banks authorized by the Administration of Exchange Control on the strength of the supporting materials and charge slips.
Article 24 If foreign establishments inside the People's Republic of China and persons who have come to China need to remit the Renminbi proceeds out of the People's Republic of China from the sale of the goods, equipment and appliances, etc., that they have brought into or purchased in the People's Republic of China for personal use, conversion and payment shall be effected at designated foreign exchange banks authorized by the Administration of Exchange Control on the strength of the business registration certificates or the proof of identification of the persons in question, and the sales vouchers.
Article 25 Foreign nationals, overseas Chinese and compatriots from Hongkong, Macao or Taiwan coming to China on a temporary basis may, upon departure from the People's Republic of China, convert the Renminbi they have not spent into foreign exchange on the strength of their own passports and the original conversion slips (valid for six months) for bringing out of the People's Republic of China.
PART THREE SETTLEMENT, SALE AND PAYMENT OF FOREIGN EXCHANGE RELATING TO CAPITAL ACCOUNT ITEMS
Article 26 Organizations inside the People's Republic of China shall open foreign exchange accounts with banks which operate foreign exchange business for their foreign exchange relating to capital account items.
Article 27 Foreign exchange of organizations inside the People's Republic of China within the following scope may not be settled without the approval of the Administration of Exchange Control:
1. foreign exchange remitted inward by legal or natural persons outside the People's Republic of China as investment;
2. foreign exchange derived from the taking out of loans and the issuance of bonds and shares denominated in foreign currencies outside the People's Republic of China; and
3. other foreign exchange revenue relating to capital account items approved by the State Administration of Exchange Control.
No settlement may be made except for international commercial loans taken out by wholly Chinese-owned enterprises and domestic foreign exchange loans in connection with the negotiation of trade bills.
Article 28 Foreign exchange received by organizations inside the People's Republic of China from the sale of real property and other assets to purchasers outside the People's Republic of China shall be sold to designated foreign exchange banks, except for the amount specified in Article 10 hereof.
Article 29 With respect to the repayment of the principal of foreign exchange loans taken out by organizations inside the People's Republic of China from financial institutions with Chinese capital inside the People's Republic of China, payment shall be made from their foreign exchange accounts, or conversion and payment effected at designated foreign exchange banks, on the strength of the (On-Lent) Foreign Exchange Loan Registration Certificates, the loan contracts and the notices of repayment of principal issued by the creditor institutions.
Article 30 With respect to the following foreign exchange relating to capital account items to be used by organizations inside the People's Republic of China, application shall be made to the Administration of Exchange Control on the strength of the specified valid vouchers, and payment shall be mad
e from their foreign exchange accounts, or conversion and payment effected at designated foreign exchange banks, on the strength of the approval documents issued by the Administration of Exchange Control:
1. with respect to repayment of the principal of foreign debts, payment shall be made or conversion and payment effected on the strength of the Foreign Debt Registration Certificates, the loan contracts and the notices of repayment of principal issued by the creditor institutions;
2. with respect to foreign exchange to be used for performance bonds to be provided to foreign parties, payment shall be made or conversion and payment effected on the strength of the guarantee contracts, the Foreign Exchange Guarantee Registration Certificates issued by the Administration of Exchange Control and the payment notices issued by the organizations outside the People's Republic of China;
3. with respect to outward remittance of funds to be invested outside the People's Republic of China, payment shall be made or conversion and payment effected on the strength of the approval documents issued by the State authorities-in-charge and the investment contracts;
4. with respect to registered capital that is, following approval, to be contributed in foreign exchange by Chinese investors in foreign investment enterprises, payment shall be made or conversion and payment effected on the strength of the approval documents issued by the State authorities-in-charge and the contracts.
Article 31 With respect to an increase in, o
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