外商投资电信企业管理规定 Administration of Foreign-funded Telecommunications Enterprises Provisions

t in writing and explain the grounds therefor.

　　The State Council's department in charge of the information industry shall complete its examination and render its decision on whether to grant approval within 30 days of the date of receipt of the application documents for which the telecommunications administration authority of the province, autonomous region or municipality directly under the central government gave its signed consent. If it grants approval, it shall issue an Opinion, Upon Examination, in Favour of Foreign Investment in the Provision of Telecommunications Services; if it refuses, it shall notify the applicant in writing and explain the grounds for the refusal.

　　Article 14　The main contents of the project proposal for a Foreign-funded Telecommunications Enterprise shall include the names and basic details of each party, the total amount of investment and registered capital of the proposed enterprise, the capital contribution ratio of each party, the types of services the provision of which is applied for, the joint venture term, etc.

　　The main contents of the feasibility study for a Foreign-funded Telecommunications Enterprise shall include the basic details of the proposed enterprise, the services, a business forecast, a development plan, an analysis of the returns on investment, expected business hours, etc.

　　Article 15　If relevant State provisions provide that the investment project of a Foreign-funded Telecommunications Enterprise being established is subject to the examination and approval of the State Council's department in charge of planning or the State Council's department in charge of overall economic management, the State Council's department in charge of the information industry shall, before issuing the Opinion, Upon Examination, in Favour of Foreign Investment in the Provision of Telecommunications Services, forward the application materials to the State Council's department in charge of planning or the State Council's department in charge of overall economic management for examination and approval. In cases where the examination materials are forward

ed to the State Council's department in charge of planning or the State Council's department in charge of overall economic management for examination and approval, the time limits for examination and approval specified in Articles 11 and 13 hereof may be extended by 30 days.

　　Article 16　When a Foreign-funded Telecommunications Enterprise is being established to provide basic telecommunications services, or to provide value-added telecommunications services beyond a single province, autonomous region or municipality directly under the central government, the main Chinese investor shall submit the contract for, and the articles of association of, the proposed Foreign-funded Telecommunications Enterprise to the State Council's department in charge of foreign trade and economic cooperation on the strength of the Opinion, Upon Examination, in Favour of Foreign Investment in the Provision of Telecommunications Services. When a Foreign-funded Telecommunications Enterprise is being established to provide value-added telecommunications services within a province, autonomous region or municipality directly under the central government, the main Chinese investor shall submit the contract for, and the articles of association of, the proposed Foreign-funded Telecommunications Enterprise to the department in charge of foreign trade and economic cooperation of the people's government of the province, autonomous region or municipality directly under the central government on the strength of the Opinion, Upon Examination, in Favour of Foreign Investment in the Provision of Telecommunications Services.

　　The State Council's department in charge of foreign trade and economic cooperation or the department in charge of foreign trade and economic cooperation of the people's government of the province, autonomous region or municipality directly under the central government shall complete its examination and render its decision on whether to grant approval within 90 days of the date of receipt of the submitted contract for, and articles of association of, the proposed Foreign-funded Telecommunications Enterprise. If it grants approval, it shall issue a Certificate of Approval for Establishment of Enterprises With Foreign Investment; if it refuses, it shall notify the applicant in writing and explain the grounds for the refusal.

　　Article 17　The main Chinese investor in a Foreign-funded Telecommunications Enterprise shall carry out the procedures for a Telecommunications Service Operating Permit with the State Council's department in charge of the information industry on the strength of the Certificate of Approval for Establishment of Enterprises With Foreign Investment.

　　The main Chinese investor in a Foreign-funded Telecommunications Enterprise shall carry out the procedures for registration of the Foreign-funded Telecommunications Enterprise with the administration authority for industry and commerce on the strength of the Certificate of Approval for Establishment of Enterprises With Foreign Investment and the Telecommunications Service Operating Permit.

　　Article 18　A Foreign-funded Telecommunications Enterprise that is to provide cross-border telecommunications services must obtain the approval of the State Council's department in charge of the information industry and provide such services through the international gateway exchanges the establishment of which has been approved by the State Council's department in charge of the information industry.

　　Article 19　In the event of a violation of Article 6 hereof, the State Council's department in charge of the information industry shall order rectification within a specified period of time and impose a fine of not less than Rmb 100,000 and not more than Rmb 500,000. If rectification is not carried out within the specified time limit, the State Council's department in charge of the information industry shall revoke the Telecommunications Service Opera

ting Permit and the authority in charge of foreign trade and economic cooperation that originally issued the Certificate of Approval for Establishment of Enterprises With Foreign Investment shall revoke such certificate.

　　Article 20　In the event of a violation of Article 18 hereof, the State Council's department in charge of the information industry shall order rectification within a specified period of time and impose a fine of not less than Rmb 200,000 and not more than Rmb 1,000,000. If rectification is not carried out within the specified time limit, the State Council's department in charge of the information industry shall revoke the Telecommunications Service Operating Permit and the authority in charge of foreign trade and economic cooperation that originally issued the Certificate of Approval for Establishment of Enterprises With Foreign Investment shall revoke such certificate.

　　Article 21　If approval for the establishment of a Foreign-funded Telecommunications Enterprise is obtained by fraudulent means through the provision, during the application process, of sham or forged documents that prove or confirm qualifications, such approval shall be void and the State Council's department in charge of the information industry shall impose a fine of not less than Rmb 200,000 and not more than Rmb 1 million and revoke the Telecommunications Service Operating Permit. Furthermore, the authority in charge of foreign trade and economic cooperation that originally issued the Certificate of Approval for Establishment of Enterprises With Foreign Investment shall revoke such certificate.

　　Article 22　If in the course of providing telecommunications services a Foreign-funded Telecommunications Enterprise violates the Telecommunications Regulations or other relevant laws or administrative regulations, it shall be punished in accordance with the law by the relevant authority.

　　Article 23　Foreign listings of domestic telecommunications enterprises shall be subject to the examination and consent of the State Council's department in charge of the information industry and to approval pursuant to the relevant State provisions.

　　Article 24　Investment in and the provision of telecommunications services in mainland China by companies and enterprises from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region shall be governed, mutatis mutandis, by these Regulations.

　　Article 25　These Regulations shall be implemented as of 1 January 2002

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/