国务院关于中外合资经营企业外汇收支平衡问题的规定
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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 formulated1 for the purpose of encouraging foreign investors2 to set up Chinese-foreign equity3 joint4 ventures in China and promoting the achievement of balance of income and expenditure5 in foreign exchange of these ventures so as to facilitate their production and business operations and make it available for foreign partners to remit6 abroad their legitimate7 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 jointly8 by the competent state authorities and the local people's governments in accordance with the percentage agreed upon through consultation9 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 authorized10 by the State Council of the People's Republic of China or entrusted11 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 appraisal12 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 specified13 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 administrative14 order, be submitted to the Ministry15 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 specifications16 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 prevailing17 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' marketing18 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 quotas19 are set, or for which an export licence is to be applied20 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 earnings21 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 Technological22 Development Areas of the Open Coastal23 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 sectors24), the legitimate share of foreign exchange the venturer is entitled to receive, in case of surplus in one venture but deficit25 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 refunded26, 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 promulgation27 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 interpretation28 of these Provisions.

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



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1 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
2 investors dffc64354445b947454450e472276b99     
n.投资者,出资者( investor的名词复数 )
参考例句:
  • a con man who bilked investors out of millions of dollars 诈取投资者几百万元的骗子
  • a cash bonanza for investors 投资者的赚钱机会
3 equity ji8zp     
n.公正,公平,(无固定利息的)股票
参考例句:
  • They shared the work of the house with equity.他们公平地分担家务。
  • To capture his equity,Murphy must either sell or refinance.要获得资产净值,墨菲必须出售或者重新融资。
4 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
5 expenditure XPbzM     
n.(时间、劳力、金钱等)支出;使用,消耗
参考例句:
  • The entry of all expenditure is necessary.有必要把一切开支入账。
  • The monthly expenditure of our family is four hundred dollars altogether.我们一家的开销每月共计四百元。
6 remit AVBx2     
v.汇款,汇寄;豁免(债务),免除(处罚等)
参考例句:
  • I hope you'll remit me the money in time.我希望你能及时把钱汇寄给我。
  • Many immigrants regularly remit money to their families.许多移民定期给他们的家人汇款。
7 legitimate L9ZzJ     
adj.合法的,合理的,合乎逻辑的;v.使合法
参考例句:
  • Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
  • That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。
8 jointly jp9zvS     
ad.联合地,共同地
参考例句:
  • Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。
  • She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。
9 consultation VZAyq     
n.咨询;商量;商议;会议
参考例句:
  • The company has promised wide consultation on its expansion plans.该公司允诺就其扩展计划广泛征求意见。
  • The scheme was developed in close consultation with the local community.该计划是在同当地社区密切磋商中逐渐形成的。
10 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
11 entrusted be9f0db83b06252a0a462773113f94fa     
v.委托,托付( entrust的过去式和过去分词 )
参考例句:
  • He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。
  • She was entrusted with the direction of the project. 她受委托负责这项计划。 来自《简明英汉词典》
12 appraisal hvFzt     
n.对…作出的评价;评价,鉴定,评估
参考例句:
  • What's your appraisal of the situation?你对局势是如何评估的?
  • We need to make a proper appraisal of his work.对于他的工作我们需要做出适当的评价。
13 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
14 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
15 ministry kD5x2     
n.(政府的)部;牧师
参考例句:
  • They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。
  • We probed the Air Ministry statements.我们调查了空军部的记录。
16 specifications f3453ce44685398a83b7fe3902d2b90c     
n.规格;载明;详述;(产品等的)说明书;说明书( specification的名词复数 );详细的计划书;载明;详述
参考例句:
  • Our work must answer the specifications laid down. 我们的工作应符合所定的规范。 来自《简明英汉词典》
  • This sketch does not conform with the specifications. 图文不符。 来自《现代汉英综合大词典》
17 prevailing E1ozF     
adj.盛行的;占优势的;主要的
参考例句:
  • She wears a fashionable hair style prevailing in the city.她的发型是这个城市流行的款式。
  • This reflects attitudes and values prevailing in society.这反映了社会上盛行的态度和价值观。
18 marketing Boez7e     
n.行销,在市场的买卖,买东西
参考例句:
  • They are developing marketing network.他们正在发展销售网络。
  • He often goes marketing.他经常去市场做生意。
19 quotas 56efa1d6a3d7b4abe55e080dda812715     
(正式限定的)定量( quota的名词复数 ); 定额; 指标; 摊派
参考例句:
  • In fulfilling the production quotas, John made rings round all his fellow workers. 约翰完成生产定额大大超过他的同事们。
  • Quotas of the means of production are allocated by the higher administrative bodies to the lower ones. 物资指标按隶属关系分配。
20 applied Tz2zXA     
adj.应用的;v.应用,适用
参考例句:
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
21 earnings rrWxJ     
n.工资收人;利润,利益,所得
参考例句:
  • That old man lives on the earnings of his daughter.那个老人靠他女儿的收入维持生活。
  • Last year there was a 20% decrease in his earnings.去年他的收入减少了20%。
22 technological gqiwY     
adj.技术的;工艺的
参考例句:
  • A successful company must keep up with the pace of technological change.一家成功的公司必须得跟上技术变革的步伐。
  • Today,the pace of life is increasing with technological advancements.当今, 随着科技进步,生活节奏不断增快。
23 coastal WWiyh     
adj.海岸的,沿海的,沿岸的
参考例句:
  • The ocean waves are slowly eating away the coastal rocks.大海的波浪慢慢地侵蚀着岸边的岩石。
  • This country will fortify the coastal areas.该国将加强沿海地区的防御。
24 sectors 218ffb34fa5fb6bc1691e90cd45ad627     
n.部门( sector的名词复数 );领域;防御地区;扇形
参考例句:
  • Berlin was divided into four sectors after the war. 战后柏林分成了4 个区。 来自《简明英汉词典》
  • Industry and agriculture are the two important sectors of the national economy. 工业和农业是国民经济的两个重要部门。 来自《现代汉英综合大词典》
25 deficit tmAzu     
n.亏空,亏损;赤字,逆差
参考例句:
  • The directors have reported a deficit of 2.5 million dollars.董事们报告赤字为250万美元。
  • We have a great deficit this year.我们今年有很大亏损。
26 refunded ad32204fca182b862a5f97a5534c03a2     
v.归还,退还( refund的过去式和过去分词 )
参考例句:
  • Postage costs will be refunded (to you). 邮费将退还(给你)。 来自辞典例句
  • Yes, it will be refunded to you at the expiration of the lease. 是的,租约期满时,押金退回。 来自无师自通 校园英语会话
27 promulgation d84236859225737e91fa286907f9879f     
n.颁布
参考例句:
  • The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。 来自《简明英汉词典》
  • Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。 来自经济法规部分
28 interpretation P5jxQ     
n.解释,说明,描述;艺术处理
参考例句:
  • His statement admits of one interpretation only.他的话只有一种解释。
  • Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。
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