全国人民代表大会常务委员会关于修改《中华人民共和国外资企业法
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(Adopted at the 18th Meeting of the Standing1 Committee of the Ninth National People's Congress on October 31,2000)
颁布日期:20001031  实施日期:20001031  颁布单位:全国人大常委会

  Order of the President of the People's Republic of China No. 41

  The Decision of the Standing Committee of the National People's Congress on Revision of the Law of the People's Republic of China on Foreign-Capital Enterprises, adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31,2000, is hereby promulgated2 and shall go into effect as of the date of its promulgation3.

  Jiang Zemin

  President of the People's Republic of China

  October 31, 2000

  At its 18th Meeting the Standing Committee of the National People's Congress decided4 to make the following revisions of the People's Republic of China on Foreign-Capital Enterprises:

  1. The first paragraph of Article 3 is revised as follows: "Enterprise with foreign capital shall be established in such a manner as to help the development of China's national economy. The State encourages the establishment of foreign-capital enterprises which export their products or use advanced technology."

  2. The first paragraph of Article 11 is deleted.

  3. Article 15 is revised a s follows: "A foreign-capital enterprise may, in adherence5 to the principles of fairness and rationality, purchase on both the Chinese and the world market the raw and semi-processed materials, fuels and other materials it needs within the approved scope of operation."

  4. The third paragraph of Article 18 is deleted.

  In addition, the order of part of the articles of this Law shall be rearranged correspondingly according to this Decision.

  This Decision shall go into effect as of the date of its promulgation.

  The Law of the People's Republic of China on Foreign-Capital Enterprises shall be revised according to this Decision and promulgated anew.

  Appendix:

  Law of the People's Republic of China on Foreign-Capital Enterprises

  (Adopted at the Fourth Session of the Sixth National People's Congress on April 12, 1986 and amended6 according to the Decision on Revision of the Law of the People's Republic of China on Foreign-Capital Enterprises adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress on October 31, 2000)

  Article 1 With a view to expanding economic cooperation and technological7 exchange with foreign countries and promoting the development of China's national economy, the People's Republic of China permits foreign enterprises, other foreign economic organizations and individuals (hereinafter collectively referred to as "foreign investors9") to set up enterprises with foreign capital in China and protects the lawful10 rights and interests of such enterprises.

  Article 2 As mentioned in this Law, "enterprise with foreign capital" refers to those enterprises established in China by foreign investors, exclusively with their own capital, in accordance with relevant Chinese laws. The term does not include branches set up in China by foreign enterprises and other foreign economic organizations.

  Article 3 Enterprises with foreign capital shall be established in such a manner as to help the development of China's national economy. The State may encourage the establishment of foreign-capital enterprises that are export-oriented or technologically11 advanced.

  Regulations shall be formulated13 by the State Council regarding the lines of business which the State forbids enterprises with foreign capital to engage in or on which it places certain restrictions14.

  Article 4 The investments of a foreign investor8 in China, the profits it earns and its other lawful rights and interests are protected by Chinese law.

  Enterprise with foreign capital shall abide15 by Chinese laws and regulations and may not engage in any activities detrimental16 to China's public interests.

  Article 5 The State does not nationalize or requisition any enterprise with foreign capital. However, under special circumstances when public interests require. Enterprises with foreign capital may be requisitioned through legal procedures and appropriate compensation shall be made.

  Article 6 The application to establish an enterprise with foreign capital shall be submitted for examination and approval to the department under the State Council which is in charge of foreign economic relations and trade, or to an institution authorized17 by the State Council. The authorities in charge of examination an approval shall, within 90 days from the date they receives such application, decide whether or not to grant approval.

  Article 7 When the application for the establishment of an enterprise with foreign capital is approved, the foreign investor shall, within 30 days from the date of receiving the certificate of approval, apply to the administrative18 department for industry and commerce for registration19 in order to obtain a business licence. The date of issue of the business licence of foreign-capital enterprise shall be the date of its establishment.

  Article 8 An enterprise with foreign capital which meets the condition for being considered a legal person under Chinese law shall acquire the status of a Chinese legal person in accordance with law.

  Article 9 An enterprise with foreign capital shall make investments in China within the period approved by the authorities in charge of examination and approval. If it fails to do so, the administrative departments for industry and commerce shall have the power to cancel its business licence.

  The administrative department for industry and commerce shall inspect and supervise the investment situation of an enterprise with foreign capital.

  Article 10 In the event of separation, merger20 or other major change, an enterprise with foreign capital shall report the matter to and seek approval from the authorities in charge of examination and approval, and register the change with the administrative department for industry and commerce.

  Article 11 Enterprises with foreign capital shall conduct their operation and management in accordance with the approved articles of association and shall be free from any interference.

  Article 12 When employing Chinese workers and staff, an enterprise with foreign capital shall conclude contracts with them according to law, in which matters concerning employment, dismissal, remuneration, welfare benefits, occupational protection and labour insurance shall be clearly prescribed.

  Article 13 Workers and staff of enterprises with foreign capital may organize trade unions in accordance with law, in order to conduct trade union activities and protect their lawful rights and interests.

  The said enterprises shall provide the necessary conditions for the activities of the trade unions in their respective enterprises.

  Article 14 An enterprise with foreign capital shall set up account books in China, conduct independent accounting21, submit the fiscal22 reports and statements as required and accept supervision23 by the financial and tax authorities.

  If an enterprise with foreign capital refuses to maintain account books in China, the financial and tax authorities may impose a fine on it, and the administrative department for industry and commerce may order it to suspend operation or may revoke24 its business licence.

  Article 15 A foreign-capital enterprise may, in adherence to the principles of fairness and rationality, purchase on both the Chinese and the world market the raw and semi-processed materials, fuels and other materials it needs within the approved scope of operation.

  Article 16 Enterprises with foreign capital shall apply to insurance companies in China for such kinds of insurance coverage25 as are needed.

  Article 17 Enterprises with foreign capital shall pay taxes in accordance with relevant State regulations for tax payment, and may enjoy preferential treatment for reduction of or exemption26 from taxes.

  An enterprise with foreign capital that reinvests its profits in China after paying the income tax may, in accordance with relevant State regulations, apply for refund27 of a part of the income tax already paid on the reinvested amount.

  Article 18 An enterprise with foreign capital shall handle its foreign exchange transactions in accordance with the State regulations on foreign exchange control.

  Article 19 The foreign investor may remit28 abroad the profits that are lawfully29 earned from an enterprise with its investment, as well as other lawful earnings30 and any funds remaining after the enterprise is liquidated31.

  Wages, salaries and other legitimate32 income earned by foreign employees in an enterprise with foreign capital may be remitted33 abroad after the payment of individual income tax in accordance with law.

  Article 20 With respect to the period of operation of an enterprise with foreign capital, the foreign investor shall report to and secure approval form the authorities in charge of examination and approval. For an extension of the period of operation, an application shall be submitted to the said authorities 180 days before the expiration34 of the period. The authorities in charge of examination and approval shall, within 30 days from the date of receiving such application, decide whether or not to grant the extension.

  Article 21 When terminating its operation, an enterprise with foreign capital shall promptly35 issue a public notice and proceed with liquidation36 in accordance with legal procedure.

  Pending37 the completion of liquidation, a foreign investor may not dispose of the assets of the enterprise except for the purpose of liquidation.

  Article 22 At the termination of operation, the enterprise with foreign capital shall cancel its registration with the administrative department for industry and commerce and hand in its business licence for cancellation38.

  Article 23 The department under the State Council which is in charge of foreign economic relations and trade shall, in accordance with this Law, formulate12 rules for its implementation39, which shall go into effect after being submitted to and approved by the State Council.

  Article 24 This Law shall go into effect as of the date of its promulgation.



点击收听单词发音收听单词发音  

1 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
2 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
3 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
4 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
5 adherence KyjzT     
n.信奉,依附,坚持,固着
参考例句:
  • He was well known for his adherence to the rules.他因遵循这些规定而出名。
  • The teacher demanded adherence to the rules.老师要求学生们遵守纪律。
6 Amended b2abcd9d0c12afefe22fd275996593e0     
adj. 修正的 动词amend的过去式和过去分词
参考例句:
  • He asked to see the amended version. 他要求看修订本。
  • He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。
7 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。
8 investor aq4zNm     
n.投资者,投资人
参考例句:
  • My nephew is a cautious investor.我侄子是个小心谨慎的投资者。
  • The investor believes that his investment will pay off handsomely soon.这个投资者相信他的投资不久会有相当大的收益。
9 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
10 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
11 technologically WqpwY     
ad.技术上地
参考例句:
  • Shanghai is a technologically advanced city. 上海是中国的一个技术先进的城市。
  • Many senior managers are technologically illiterate. 许多高级经理都对技术知之甚少。
12 formulate L66yt     
v.用公式表示;规划;设计;系统地阐述
参考例句:
  • He took care to formulate his reply very clearly.他字斟句酌,清楚地做了回答。
  • I was impressed by the way he could formulate his ideas.他陈述观点的方式让我印象深刻。
13 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》
14 restrictions 81e12dac658cfd4c590486dd6f7523cf     
约束( restriction的名词复数 ); 管制; 制约因素; 带限制性的条件(或规则)
参考例句:
  • I found the restrictions irksome. 我对那些限制感到很烦。
  • a snaggle of restrictions 杂乱无章的种种限制
15 abide UfVyk     
vi.遵守;坚持;vt.忍受
参考例句:
  • You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
  • If you join the club,you have to abide by its rules.如果你参加俱乐部,你就得遵守它的规章。
16 detrimental 1l2zx     
adj.损害的,造成伤害的
参考例句:
  • We know that heat treatment is detrimental to milk.我们知道加热对牛奶是不利的。
  • He wouldn't accept that smoking was detrimental to health.他不相信吸烟有害健康。
17 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。
18 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。
19 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
20 merger vCJxG     
n.企业合并,并吞
参考例句:
  • Acceptance of the offer is the first step to a merger.对这项提议的赞同是合并的第一步。
  • Shareholders will be voting on the merger of the companies.股东们将投票表决公司合并问题。
21 accounting nzSzsY     
n.会计,会计学,借贷对照表
参考例句:
  • A job fell vacant in the accounting department.财会部出现了一个空缺。
  • There's an accounting error in this entry.这笔账目里有差错。
22 fiscal agbzf     
adj.财政的,会计的,国库的,国库岁入的
参考例句:
  • The increase of taxation is an important fiscal policy.增税是一项重要的财政政策。
  • The government has two basic strategies of fiscal policy available.政府有两个可行的财政政策基本战略。
23 supervision hr6wv     
n.监督,管理
参考例句:
  • The work was done under my supervision.这项工作是在我的监督之下完成的。
  • The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。
24 revoke aWYxX     
v.废除,取消,撤回
参考例句:
  • The university may revoke my diploma.大学可能吊销我的毕业证书。
  • The government revoked her husband's license to operate migrant labor crews.政府撤销了她丈夫管理外来打工人群的许可证。
25 coverage nvwz7v     
n.报导,保险范围,保险额,范围,覆盖
参考例句:
  • There's little coverage of foreign news in the newspaper.报纸上几乎没有国外新闻报道。
  • This is an insurance policy with extensive coverage.这是一项承保范围广泛的保险。
26 exemption 3muxo     
n.豁免,免税额,免除
参考例句:
  • You may be able to apply for exemption from local taxes.你可能符合资格申请免除地方税。
  • These goods are subject to exemption from tax.这些货物可以免税。
27 refund WkvzPB     
v.退还,偿还;n.归还,偿还额,退款
参考例句:
  • They demand a refund on unsatisfactory goods.他们对不满意的货品要求退款。
  • We'll refund your money if you aren't satisfied.你若不满意,我们愿意退款给你。
28 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。
29 lawfully hpYzCv     
adv.守法地,合法地;合理地
参考例句:
  • Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
  • As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫,无论疾病灾难,直到死亡把我们分开。 来自电影对白
30 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%。
31 liquidated a5fc0d9146373c3cde5ba474c9ba870b     
v.清算( liquidate的过去式和过去分词 );清除(某人);清偿;变卖
参考例句:
  • All his supporters were expelled, exiled, or liquidated. 他的支持者全都被驱逐、流放或消灭了。 来自《简明英汉词典》
  • That can be liquidated at market value any time. 那可按市价随时得到偿付。 来自辞典例句
32 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。
33 remitted 3b25982348d6e76e4dd90de3cf8d6ad3     
v.免除(债务),宽恕( remit的过去式和过去分词 );使某事缓和;寄回,传送
参考例句:
  • She has had part of her sentence remitted. 她被免去部分刑期。 来自《简明英汉词典》
  • The fever has remitted. 退烧了。 来自《现代英汉综合大词典》
34 expiration bmSxA     
n.终结,期满,呼气,呼出物
参考例句:
  • Can I have your credit card number followed by the expiration date?能告诉我你的信用卡号码和它的到期日吗?
  • This contract shall be terminated on the expiration date.劳动合同期满,即行终止。
35 promptly LRMxm     
adv.及时地,敏捷地
参考例句:
  • He paid the money back promptly.他立即还了钱。
  • She promptly seized the opportunity his absence gave her.她立即抓住了因他不在场给她创造的机会。
36 liquidation E0bxf     
n.清算,停止营业
参考例句:
  • The bankrupt company went into liquidation.这家破产公司停业清盘。
  • He lost all he possessed when his company was put into liquidation.当公司被清算结业时他失去了拥有的一切。
37 pending uMFxw     
prep.直到,等待…期间;adj.待定的;迫近的
参考例句:
  • The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。
  • He knew my examination was pending.他知道我就要考试了。
38 cancellation BxNzQO     
n.删除,取消
参考例句:
  • Heavy seas can cause cancellation of ferry services.海上风浪太大,可能须要取消渡轮服务。
  • Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。
39 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
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