工商企字[1998]第138号
颁布日期：19980707 　实施日期：19980707 　颁布单位：国家经济贸易委员会

　　GongShangQiZi [1998] No.138

　　July 7, 1998

　　Hunan Administration for Industry and Commerce:

　　We have studied your Request for Instructions dated April 20, 1998 on the Retroactivity and Objects of Application of the Revised Implementing¹ Rules of the People's Republic of China for Business Entity² Registration³ Administration (XiangGongShangFaZi[1998]No.64) and now reply as follows:

　　I. As for behaviors on the part of enterprises and operating units in violation⁴ of enterprise registration administration prior to December 25, 1996, competent registration administration authorities should conduct punishments in accordance with the previous unrevised version of the Implementing Rules of the People's Republic of China for Controlling the Registration of Enterprises as Legal Persons.

　　II. As for behaviors of fake investment and withdrawal⁵ of registered capital on the part of enterprises with foreign investment, competent registration administration authorities should first conduct punishment in accordance with the Regulations of the People's Republic of China for Controlling the Registration of Enterprises as Legal Persons and its Implementing Rules, as provided for in Article 15 of the Implementing Opinions on Related Issues of the Application of Regulations on Company Registration Administration for Registration Administration of Enterprises with Foreign Investment of the State Administration for Industry and Commerce (GongShangQiZi [1995] No.177).

　　III. Contracting parties of Chinese-foreign equity⁶ joint⁷ ventures and Chinese-foreign contractual joint ventures should be handled in accordance with the Provisions on Investment Appropriation⁸ of Contracting Parties of Chinese-foreign equity joint ventures approved by the State Council for failures to appropriate due investment. Enterprises with foreign investment should be handled in accordance with Articles 31 and 32 of the Implementing Rules of the Law of the People's Republic of China on Foreign-capital Enterprises for failures to appropriate due investment.