外商投资商业企业试点办法 Experimental Measures for Foreign-funded Commercial Enterprises

　　Article 10 If State-owned circulation enterprises invest to establish jointly-operated commercial enterprises, the assessing setups accredited by State-owned property management departments shall make scientific and righteous assessment on the tangible and intangible property invested in the light of the Measures on the Management of Assessment of State-owned Property. The assessment result serves as the foundation for evaluating State-owned property after the confirmation of State-owned property management departments at or above province level.

　　Article 11 If the established jointly-operated commercial enterprises expect to involve wholesale business, establish branch stores or replace the cooperative party, the Ministry of Foreign Trade and Economic Cooperation shall conduct examination and approval after consulting the State Economic and Trade Commission; other changes of the established jointly-operated commercial enterprises shall be examined and approved by the original examining and approving organ according to the current provisions concerning foreign investment. Jointly operated commercial enterprises shall submit the following documents:

　　(1) application report;

　　(2) the report on enterprise's operating situation;

　　(3) the report on the property evaluation;

　　(4) the report and certification on the enterprise's export situation;

　　(5) related decisions of the board of directors;

　　(6) agreement on the revision of contract and provision;

　　(7) other related documents.

　　The enterprise shall register with the State Administration of Industry and Commerce and undergo the procedures of revision within one month since the date when the revised contract and articles of association are approved.

　　Article 12 The operation scopes of jointly-operated commercial enterprises are:

　　1. the operation scopes of retail-oriented jointly-operated commercial enterprises are:

　　(1) commercial retail operation (including sell on a commission basis or sell by mail);

　　(2) organize the export business of domestic products;

　　(3) export and import business of its own merchandises;

　　(4) the related matching services.

　　2.the operation scopes of wholesale-oriented jointly-operated commercial enterprises are:

　　wholesale of domestic and self-operated import merchandises within China, organizing the export of domestic products.

　　Article 13 Retail-engaged jointly-operated commercial enterprises can also operate wholesale business.

　　Article 14 Jointly-operated commercial enterprises are prohibited form engaging in acting business of export and import .

　　Article 15 Jointly-operated commercial enterprises, operating merchandises on which the State has special provisions as well as those export and import merchandises with quota and license involved, shall undergo examining and approving procedure according to related provisions of the State.

　　The annual import volume of the jointly operated commercial enterprise shall not exceed 30% of its annual selling volume.

　　Article 16 Jointly-operated commercial enterprises shall conform to laws and regulations of the People's Republic of China and subject themselves to the jurisdiction of China's laws and regulations. Their normal operating activities and lawful rights and interests are protected by China's laws and regulations.

　　If the activities of jointly operated commercial enterprises violate laws or regulations of China, the enterprises shall be punished in accordance with the relevant laws and regulations of China.

　　Article 17 These Measure shall be strictly followed in the establishment of jointly-operated commercial enterprises at all localities. The Sate Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the State Administration of Industry and Commerce shall investigate and deal with those acts violating these Measure. All local economic and trade commissions, foreign trade and economic department and related departments shall investigate the pilots timely, summarize experience earnestly and solve the problems appropriately.

　　Article 18 The State Economic and Trade Commission, the Ministry Foreign Trade and Economic Cooperation, the State Administration of Industry and Commerce or their authorized organs shall conduct supervision and administration on the foreign-funded jointly-operated commercial enterprises in accordance with law.

　　Article 19 The establishment of jointly-operated commercial enterprises in the mainland of China by investors from Hong Kong Special Administrative Region, Macao and Taiwan shall be deal with in accordance with these Measures.

　　Article 20 The State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation are responsible for the interpretation of these Measure.

　　Article 21 These Measure take effect as of the date of promulgation

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