工商企字[1996]第245号
颁布日期：19960708 　实施日期：19960708 　颁布单位：国家工商行政管理局

　　GongShangQiZi [1996] No.245

　　July 8， 1996

　　Beijing Bureau for Industry and Commerce：

　　We have studied your Request for Instructions on Whether Enterprises with Foreign Investment May Contract and Operate Domestic-funded Commercial Enterprises （JingGongShangWenZi [1996] No.103） and now reply as follows：

　　I. Registered enterprises with foreign investment should perform their duty of capital appropriation¹ requirement and operate in accordance with the laws and regulations. Therefore， Beijing Jiachuang Business Administration Consulting Co.， Ltd. （hereinafter referred to as Jiachuang） should appropriate investment fund in compliance² with the above-mentioned principle and operate within the scope of business approved by the competent registration³ authority.

　　II. The country does not provide legal reference for enterprises with foreign investment to contract domestic-funded enterprises. Therefore enterprises with foreign investment lack in sufficient legal and regulatory reference to contract domestic-funded enterprises. Before the country prescribes any clear provisions， enterprises with foreign investment contracting to operate industries where foreign investment is restricted or banned by the state， should seek approval from authorized⁴ examination and approval authorities and register with their initial registration authorities in reference to such provisions as “Interim Provisions on Guiding Direction of Foreign Investment” and “Guiding List of Industries with Foreing Investment”。 In the case of Jiangchuang， which contracted domestic-funded enterprises and engaged itself in commercial retailing⁵ and wholesaling⁶ activities without the approval of and registration with competent authorities， your Administration is therefore requested to order for the termination of the contract and submit a self-criticism in writing.

　　III. As regards the issue of “commercial property management” in Jiachuang's scope of business， the content of commercial property management should be specific management of commercial facilities （such as renting， maintenance and security protection of commercial facilities and other relevant items） and thus does not cover commercial retailing and wholesaling.

　　Your administration is requested to work together with Beijing Development Planning Commission and Beijing Foreign Trade and Economic Commission and jointly⁷ order Jiangchuang to revise the inappropriate description of its scope of business in its articles of association and contract and to report the revision results to the State Administration for Industry and Commerce.