外商投资城市规划服务企业管理规定_法律英语

外商投资城市规划服务企业管理规定

文章来源：文章作者：发布时间：2007-06-11 01:15 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

颁布日期：20030213 　实施日期：20030501 　颁布单位：建设部、对外贸易经济合作部

　　Decree of the Ministry¹ of Construction and the Ministry of Foreign Trade and Economic Cooperation，No 116

　　The Regulations on the Management of Foreign-funded Urban Planning Service Enterprises， deliberated and ratified² at the 65th executive meeting of the Ministry of Construction on December 13th， 2002 and the 2nd working meeting of the minister of Foreign Trade and Economic Cooperation on January 30th， 2003， is hereby promulgated³ for implementation⁴ as of May 1st， 2003.

　　Shi Guangsheng， Minister of Foreign Trade and Economic Cooperation

　　February 13th， 2003

　　Regulations on the Management of Foreign-funded Urban Planning Service Enterprises

　　Article 1　Pursuant to 《the Law of the People's Republic of China on Foreign-funded Enterprises》，《the Law of the People's Republic of China on Sino-foreign Equity⁵ Joint⁶ Ventures》，《the Law of the People's Republic of China on Sino-foreign cooperative Joint Ventures》， and《the Law of the People's Republic of China on Urban Planning》， the current Regulations is hereby formulated⁷ to expand the scope of opening to the outside； regulate foreign companies， enterprises and other economic entities⁸ or individuals investing in enterprises providing services to urban planning； and strengthen management of the activities of urban planning services provided by foreign-funded urban planning service enterprises.

　　Article 2　The Regulations applies to those setting up foreign-funded urban planning service enterprises within the boundary of the People's Republic of China and applying for the 《Certificate of Qualification of Foreign-funded Enterprises for Urban Planning Services》， and to the supervision⁹ and management of foreign-funded urban planning service enterprises.

　　Article 3　The foreign-funded urban planning service enterprises as referred to in the current Regulations include Sino-foreign equity joint ventures， Sino-foreign cooperative joint ventures， and ventures with exclusive foreign investment that are set up in the People's Republic of China in accordance with law to provide services to urban planning.

　　The term 'urban planning service' as used in the current Regulations refers to provide drawing and consulting services to urban development plans other than general planning.

　　Article 4　All foreign companies， enterprises， other economic entities or individuals engaged in urban planning services in China shall set up Sino-foreign equity joint ventures， Sino-foreign cooperative joint ventures， or ventures with exclusive foreign investment and apply for the 《Certificate of Qualification of Foreign-funded Enterprises for Urban Planning Services》。

　　Those have not been granted the 《Certificate of Qualification of Foreign-funded Enterprises for Urban Planning Services》 shall not take up the business of urban planning services.

　　Article 5　The department responsible for the management of foreign trade and economic cooperation under the State Council shall take charge of management of establishment of foreign-funded urban planning service enterprises， while the department responsible for construction under the State Council shall take charge of management of qualification of foreign-funded urban planning service enterprises.

　　The departments responsible for foreign trade and economic cooperation under the people's governments at the provincial¹⁰， autonomous¹¹ regional and municipal governments under the direct leadership of the central government shall take charge of preliminary examination of establishment of foreign-funded urban planning service enterprises in their respective administrative¹² areas， and departments responsible for urban planning under people's governments at and above the county level shall take charge of supervision and management of the urban planning service activities carried out by foreign-funded urban planning service enterprises in their respective administrative areas.

　　Article 6　Apart from meeting requirements set in relevant Chinese laws and regulations on foreign-funded enterprises， the following requirements shall be met for the establishment of foreign-funded urban planning service enterprises：

　　1.The foreign party shall be an enterprise or professional specializing in urban planning services in its resident country or region.

　　2.The applicant¹³ shall own more than 20 employees specializing in urban planning， architecture， road transportation， gardening and related disciplines， with foreign specialists accounting¹⁴ for no less than 25 percent of the total， and have at least one foreign technician specializing in urban planning， architecture， road transportation， and gardening respectively.

　　3.The applicant shall have technical apparatus¹⁵ and fixed¹⁶ working site as stipulated¹⁷ by the State.

　　Article 7　Those applying for establishing foreign-funded urban planning service enterprises shall apply， in accordance with law， to the State Administration of Industry and Commerce or local administrations of industry and commerce with authorization¹⁸ from the State Administration of Industry and Commerce for examination and approving the titles of the foreign-funded enterprises they plan to set up.

　　Article 8　After passing examination and receiving approval of the titles of the foreign-funded enterprises it plans to set up， the applicant shall apply to the departments of the provincial， autonomous regional or people's municipal government under the direct leadership of the central government in charge of foreign trade and economic cooperation in the region where the enterprise is to be located for the establishment. it shall submit the following documents：

　　1.The application for the establishment of a foreign-funded enterprise signed by the legal representative of the investing party.

　　2.The feasibility study report， project proposal and plan on the establishment of the enterprise （including staffing of specialists， plan on technical equipment， and area of the working site） produced or approved by the investing party.

　　3.The contract and rules of the foreign-funded enterprise signed by the legal representative of the investing party （or rules only， in the case of an enterprise with exclusive foreign investment）。

　　4.Notice of pre-approval on the title of the enterprise to be set up.

　　5.Certificate of legal person registration¹⁹ of the investing party and certificate of the credit provided by the bank of the investing party.

　　6.Documents and certificates of appointment of the chairman， board members， managers， and leading engineers or technicians to be appointed by the investing party.

　　7.The balance sheets and statements of loss and gain of the investing party during the latest three years as audited²⁰ by a chartered accountant or an accountant firm.

　　8.Certificate of registration and certificate of bank credit of the urban planning service enterprise（s） run by the foreign investing party in its country or region.

　　9.Certificates of experiences and achievements of the foreign investing party in urban planning services produced by responsible government departments or associations， societies， or notary²¹ organs in the residential²² country or region of the said party.

　　Article 9　The department under provincial， autonomous regional or people's municipal governments under the direct leadership of central government in charge of foreign trade and economic cooperation shall complete preliminary examination within 30 days after receiving an application and submit its approval to the State Council department in charge of foreign trade and economic cooperation.

　　Article 10　The State Council department in charge of foreign trade and economic cooperation shall submit the application documents that have passed preliminary examination and approval to the State Council department in charge of construction for soliciting²³ the comments within 10 days. The State Council department in charge of construction shall put forward its opinion within 30 days after receiving the application documents. Within 30 days after receiving the written opinion of the State Council department in charge of construction， the State Council department in charge of foreign trade and economic cooperation shall make a decision of approval or disapproval²⁴. In the case of approval， a certificate of approval shall be issued； and in the case of disapproval， a written explanation shall be given.

　　Article 11　After receiving the Certificate of Approval of Foreign-funded Enterprise， the applicant shall register with an administration of industry and commerce in accordance with law to get a business license²⁵.

　　Article 12　After receiving a legal person business license， the applicant shall apply to the State Council department in charge of construction for the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》。

　　Article 13　The following documents shall be supplied for application for the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》：

　　1.Form of Application for the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》；

　　2.Certificate of Approval of Foreign-funded Enterprise；

　　3.Business license for enterprise legal person；

　　4.Contract of employment of technicians and specialists and certificates of technical qualifications of these people put on file in labour and personnel departments；

　　5.Documents about the technical equipment of the enterprise.

　　Article 14　The foreign-funded urban planning service enterprise shall report， within 30 days after receiving the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》， to the urban planning administration in the city or county of its registered for the record.

　　Article 15　The foreign-funded urban planning service enterprise that contracts for urban planning services in areas other than that of its registration shall report to the urban planning administrations of these areas for the record.

　　Article 16　All the documents submitted by the applicant shall be written in Chinese. If any document of certification is written in a foreign language， a Chinese version shall be supplied.

　　Article 17　Foreign-funded urban planning service enterprises shall abide²⁶ themselves by pertinent²⁷ Chinese laws， regulations， and technical standards and norms when providing urban planning services.

　　Article 18　The foreign technicians employed by foreign-funded urban planning service enterprises shall stay in China for a total length of no less than 6 months per person a year.

　　Article 19　The State Council department in charge of construction shall carry out annual checks to the foreign-funded urban planning service enterprises that have received the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》。 Those found unqualified shall have their 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》　revoked²⁸.

　　Article 20　Chinese units that have received the 《Certificate of Qualification for Compilation²⁹ of Urban Planning》 shall hand in the Certificate when they are restructured into Sino-foreign equity or cooperative joint ventures specializing in urban planning services.

　　Article 21　Foreign-funded urban planning service enterprises shall hand in their 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》 when they stop operations or are disbanded or terminated.

　　Article 22　It is strictly³⁰ forbidden to entrust³¹ any businesses of urban planning services to foreign-funded enterprises that have not granted the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》。

　　It is strictly forbidden to entrust any businesses of service to general urban planning to foreign-funded enterprises.

　　Article 23　Those that contract for urban planning services without the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》 shall be ordered by the construction administrations of people's governments at or above the county level to stop their illegal activities， together with a penalty above RMB10，000 yuan and below RMB30，000 yuan. Their achievements shall not be acknowledged by any department.

　　Article 24　Those foreign-funded urban planning service enterprises that provide services to compilation of general urban planning in violation³² of the current Regulations shall be ordered by the construction administrations of people's government at or above the county level to mend themselves. Those involved in severe cases shall have their 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》withdrawn³³ by the original issuer.

　　Those foreign-funded urban planning service enterprises that obtain the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》 through fraud and deception³⁴ shall have their Certificate withdrawn by the issuer.

　　After withdrawing a Certificate， the issuer shall inform the registration department concerned of the case. The enterprise whose certificate has been withdrawn shall apply to the original department of registration for cancellation³⁵ of its registration. Those that refuse to go through cancellation formalities shall be handled by registration departments in accordance with law.

　　Article 25　Those that entrust urban planning services or general urban planning services to foreign-funded enterprises that have not got the 《Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises》 in violation of the current Regulations shall be corrected by their senior departments， with administrative responsibilities to be affixed³⁶ upon the person responsible in accordance with law. If a crime is committed， criminal responsibilities shall be found out in accordance with law.

　　Article 26　The current Regulations shall be interpreted by the State Council department in charge of construction and the State Council department in charge of foreign trade and economic cooperation according to their respective functions.

　　Article 27　Investors³⁷ from the Hong Kong Special Administrative Zone， the Macao Special Administrative Zone， and Taiwan area coming to run urban planning service enterprises on the mainland shall be handled with reference to the current Regulations.

　　Article 28　The current Regulations shall take effect as of May 1， 2003.

　　To be sent to： The Law Committee of the National People's Congress， the Law Office of the State Council， the Editorial Office of the Gazette of the State Council， the construction commissions and bureaus of foreign trade and economic cooperation of people's governments at the provincial， autonomous regional and municipal level， the construction commission of cities as independent entries in State plans and budgets， ministries³⁸ and commissions of the State Council， and leaders， bureaus， and subsidiary institutions of the Ministry of Construction.

　　Secretariat of the General Office of the Ministry of Construction

　　Printed and issued on February 20th， 2003

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收听单词发音

1 ministry
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。

2 ratified
v.批准，签认（合约等）( ratify的过去式和过去分词 )
参考例句：
The treaty was declared invalid because it had not been ratified. 条约没有得到批准，因此被宣布无效。 The treaty was ratified by all the member states. 这个条约得到了所有成员国的批准。

3 promulgated
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

4 implementation
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。

5 equity
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。

6 joint
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。

7 formulated
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》

8 entities
实体对像；实体，独立存在体，实际存在物( entity的名词复数 )
参考例句：
Our newspaper and our printing business form separate corporate entities. 我们的报纸和印刷业形成相对独立的企业实体。 The North American continent is made up of three great structural entities. 北美大陆是由三个构造单元组成的。

9 supervision
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。

10 provincial
adj.省的，地方的；n．外省人，乡下人
参考例句：
City dwellers think country folk have provincial attitudes.城里人以为乡下人思想迂腐。 Two leading cadres came down from the provincial capital yesterday.昨天从省里下来了两位领导干部。

11 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

12 administrative
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。

13 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

14 accounting
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。

15 apparatus
n.装置，器械；器具，设备
参考例句：
The school's audio apparatus includes films and records.学校的视听设备包括放映机和录音机。 They had a very refined apparatus.他们有一套非常精良的设备。

16 fixed
adj.固定的，不变的，准备好的；(计算机)固定的
参考例句：
Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？ Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

17 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

18 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

19 registration
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 audited
v.审计，查账( audit的过去式和过去分词 )
参考例句：
The accounts have to be audited by a firm of external auditors. 这些账目必须由一家外聘审计员的公司来稽查。来自《简明英汉词典》 E. g. few if any charities collection publishes audited accounts. 例如很少义款收集有公布经过查核的帐目。来自互联网

21 notary
n.公证人，公证员
参考例句：
She is the town clerk and a certified public accountant and notary public.她身兼城镇文书、执业会计师和公证人数职。 That notary is authorised to perform the certain legal functions.公证人被授权执行某些法律职能。

22 residential
adj.提供住宿的；居住的；住宅的
参考例句：
The mayor inspected the residential section of the city.市长视察了该市的住宅区。 The residential blocks were integrated with the rest of the college.住宿区与学院其他部分结合在了一起。

23 soliciting
v.恳求( solicit的现在分词 )；（指娼妇）拉客；索求；征求
参考例句：
A prostitute was soliciting on the street. 一名妓女正在街上拉客。来自《简明英汉词典》 China Daily is soliciting subscriptions. 《中国日报》正在征求订户。来自《现代英汉综合大词典》

24 disapproval
n.反对，不赞成
参考例句：
The teacher made an outward show of disapproval.老师表面上表示不同意。 They shouted their disapproval.他们喊叫表示反对。

25 license
n.执照，许可证，特许；v.许可，特许
参考例句：
The foreign guest has a license on the person.这个外国客人随身携带执照。 The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

26 abide
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。

27 pertinent
adj.恰当的；贴切的；中肯的；有关的；相干的
参考例句：
The expert made some pertinent comments on the scheme.那专家对规划提出了一些中肯的意见。 These should guide him to pertinent questions for further study.这些将有助于他进一步研究有关问题。

28 revoked
adj.[法]取消的v.撤销，取消，废除( revoke的过去式和过去分词 )
参考例句：
It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付，结算可以撤销。来自辞典例句 A will is revoked expressly. 遗嘱可以通过明示推翻。来自辞典例句

29 compilation
n.编译，编辑
参考例句：
One of the first steps taken was the compilation of a report.首先采取的步骤之一是写一份报告。 The compilation of such diagrams,is of lasting value for astronomy.绘制这样的图对天文学有永恒的价值。

30 strictly
adv.严厉地，严格地；严密地
参考例句：
His doctor is dieting him strictly.他的医生严格规定他的饮食。 The guests were seated strictly in order of precedence.客人严格按照地位高低就座。

31 entrust
v.信赖，信托，交托
参考例句：
I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。 They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。

32 violation
n.违反(行为)，违背(行为)，侵犯
参考例句：
He roared that was a violation of the rules.他大声说，那是违反规则的。 He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

33 withdrawn
vt.收回；使退出；vi.撤退，退出
参考例句：
Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。 All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。

34 deception
n.欺骗，欺诈；骗局，诡计
参考例句：
He admitted conspiring to obtain property by deception.他承认曾与人合谋骗取财产。 He was jailed for two years for fraud and deception.他因为诈骗和欺诈入狱服刑两年。

35 cancellation
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。

36 affixed
adj.[医]附着的，附着的v.附加( affix的过去式和过去分词 )；粘贴；加以；盖（印章）
参考例句：
The label should be firmly affixed to the package. 这张标签应该牢牢地贴在包裹上。 He affixed the sign to the wall. 他将标记贴到墙上。来自《简明英汉词典》

37 investors
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

38 ministries
（政府的）部( ministry的名词复数 )；神职；牧师职位；神职任期
参考例句：
Local authorities must refer everything to the central ministries. 地方管理机构应请示中央主管部门。 The number of Ministries has been pared down by a third. 部委的数量已经减少了1/3。

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