关于审批和管理外国企业在华常驻代表机构的实施细则(附英文)

rticle 24

　　Resident representative offices of foreign enterprises and their staff members shall comply with the laws and regulations of the People's Republic of China in respect of entry and exit, residence, industry and commerce, taxation, customs, foreign exchange control, employment of staff members, house-renting and other matters and be subject to the administration, supervision and inspection from the competent departments of the Chinese Government.

　　Article 25

　　Resident representative offices of foreign enterprises which import exhibits for display on their business premises shall submit to the original examination and approval authorities an application attached with a list of import exhibits, and, upon approval, report to the Customs of the cities where the offices are located for varied and quantitative verification by presenting the

approval documents. The Customs shall, in accordance with the Measures of the Customs of the People's Republic of China on Control over Imports for Temporary Purpose and the Regulations of the Customs of the People's Republic of China on the Application for Guarantees for Import and Export Goods, give check and clearance of the exhibits after collecting guaranty money equivalent to the duties.

　　Exhibits in the guaranty period shall be subject to the Customs control, and shall not be sold, transferred or granted. The exhibits shall, within six months from the day on which they were imported, be re-exported; failure to do that within the period specified, they shall be dealt with in accordance with related provisions.

　　Article 26

　　A foreign enterprise shall be responsible legally for all the business activities conducted by its resident representative office within the territory of the People's Republic of China.

　　Article 27

　　The commissions (offices) for foreign economic relations and trade of the provinces, autonomous regions, municipalities directly under the Central Government and cities with separate listing in the state plan shall, in every January and July, present data concerning all the resident representative offices they approved in the year to the Ministry of Foreign Trade and Economic Cooperation for record.

　　Article 28

　　The Ministry of Foreign Trade and Economic Cooperation and its authorized commissions (offices) for foreign economic relations and trade of the provinces, autonomous regions, municipalities directly under the Central Government and cities with separate listing in the state plan shall, depending on the seriousness of the case, impose such sanctions as disciplinary warning, suspension of business upon instruction and revocation of the approval on the resident representative offices of foreign enterprises which violate laws and regulations of the People's Republic of China and the present Rules.

　　Chapter 4 Qualifications for Chief Representative and Repre- sentative(s)

　　Article 29

　　The chief representative and representative (s) of the resident offices of foreign enterprises shall meet one of the following qualifications:

　　(1) a foreign citizen with a legitimate passport (excluding foreign students studying in China);

　　(2) a Chinese citizen who has the right of permanent residence in a foreign country;

　　(3) compatriots from Hong Kong, Macao or Taiwan with valid credentials; or

　　(4) where a Chinese citizen (excluding Chinese citizens mentioned in Item 2 of this Article) is employed as the chief representative or representative of its resident representative office, a foreign enterprise shall entrust a local service unit for foreigners or other entity designated by the Government of the People's Republic of China to process the application and report in accordance with relevant laws and regulations of the People's Republic of China.

　　Chapter 5 Supplementary Provisions

　　Article 30

　　The present Rules shall apply, mutatis mutandis, to foreign enterprises which apply for the commission of their permanent representatives in China.

　　Article 31

　　Affairs not covered in these Rules shall be dealt with in accordance with related laws and regulations of the People's Republic of China.

　　Article 32

　　The present Rules shall apply, mutatis mutandis, to enterprises in Hong Kong, Macao and Taiwan which apply for the establishment of their resident representative offices in the mainland areas of China.

　　Article 33

　　The authorities of interpretation of the present Rules resides in the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China.

　　Article 34

　　The present Rules shall enter into force as of the date of their promulgation, and the provisions pertaining to Issues fo

r the Examination and Approval of Resident Representative Offices of Foreign Enterprises and of Enterprises in Hong Kong and Macao (No. 272 by Wai Jing Mao Guan) shall be abrogated on the same day

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