外国企业常驻代表机构登记管理办法
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(Approved by the State Council on March 5, 1983, promulgated1 by the State Administration for Industry and Commerce on March 15, 1983)
颁布日期:19830315  实施日期:19830315  颁布单位:国家工商局

  Article 1 In accordance with the Interim2 Provisions of the State Council of the People's Republic of China Concerning the Control of Resident Offices of Foreign Enterprises in China (hereinafter referred to as “the Interim Provisions”), these Measures are formulated3 to carry out the registration4 administration of resident offices in China of foreign enterprises and other economic organizations and to enable them to conduct their legitimate5 business activities.

  Article 2 Resident offices of foreign enterprises in China and other economic organizations (hereinafter referred to as “resident offices of foreign enterprises”), which have been approved in accordance with Article 4 of the Interim Provisions, shall go through the registration procedures prescribed in these Measures.

  Article 3 Resident offices of foreign enterprises shall be understood as those engaging in non-direct-profit-making operations. But, for those provided for in the agreements between the Chinese government and the governments of their countries of origin, they shall be dealt with accordingly.

  Article 4 The State Administration for Industry and Commerce of the People's Republic of China is the organ for the registration of resident offices of foreign enterprises. It shall empower the administrative6 departments for industry and commerce in the provinces, autonomous7 regions and the municipalities directly under the Central Government to handle the registration procedures.

  Article 5 The main items to be registered for the resident office of a foreign enterprise are: name of the office, address of residence, number of representatives and their names, business scope and period of residence.

  Article 6 Foreign enterprises and other economic organizations shall go through the prescribed registration procedures at the administrative departments for industry and commerce in the provinces, autonomous regions and the municipalities directly under the Central Government where the said offices are to be located within 30 days from the date when their applications for setting up resident offices within the territory of the People's Republic of China are approved by the approving authorities.

  Article 7 A foreign enterprise or an economic organization shall submit the following documents in applying for the registration of a resident office:

  1. the approval document issued by the approving authorities of the People's Republic of China;

  2. the documents and data as listed in Article 3 of the Interim Provisions.

  Article 8 If the documents submitted by a foreign enterprise or an economic organization for registration are established as conforming to these Measures through examination, the registration office shall grant permission to register and issue a certificate of registration and certificates for the representatives after the registration fee is paid.

  The resident office of a foreign enterprise shall, on the strength of the document of approval, certificate of registration and certificates for the representatives, register with the public security organ, banks and the Customs and tax authorities and other departments for residence permits and other related matters.

  Article 9 The resident office of a foreign enterprise is deemed as formally established from the date of its registration and the legitimate activities of the said office and its representatives shall therefrom be protected by the laws of the People's Republic of China.

  A resident office that has not been approved and registered shall not proceed with its business activities.

  Article 10 In engaging the service of Chinese personnel, the resident office of a foreign enterprise must follow the provisions prescribed in Article 11 of the Interim Provisions and promptly8 report this to the registration authorities for the record.

  Article 11 The registration certificate for the resident office of a foreign enterprise is valid9 for a period of one year. The said office must, upon the end of the period, renew the aforesaid document if it wishes to continue its residence.

  To renew its registration, the resident office of a foreign enterprise must, within 30 days before the date of the expiry of its certificate of registration, submit to the registration authorities an annual report of its business operations (in Chinese) and an application for renewal10. In case where the term of residence approved for a resident office expires, the document of approval for renewal issued by the same authorities must also be submitted at the time of renewing the registration and a form for renewal shall be filled out. After examination by the registration office, the original certificate shall be turned in and a new certificate of registration shall be issued.

  Article 12 When the resident office of a foreign enterprise wishes to make alterations11 with regard to the name of the office, the number of representatives and their names, the scope of business and the address of the resident office, an application for alterations shall be filed with the registration office together with the document of approval issued by the approving authorities before going through the prescribed procedure for alterations. Where there is a change of representatives, a power of attorney issued by the foreign enterprise or economic organization shall be submitted together with the resumes of the new representatives.

  Article 13 If the resident office of a foreign enterprise desires to terminate its business operations upon or before the expiration12 of the term of residence, or the enterprise represented by the office declares bankruptcy13, it shall go through the deregistration procedure at the registration office. In going through the deregistration procedure, documents issued by the tax authorities, banks and Customs to certify14 the clearing up of taxes, liabilities and other related matters shall be produced before approval is granted for the deregistration and the cancellation15 of the certificate of registration. Should the said office leave any matter unsettled, the foreign enterprise or economic organization the office represents shall be held responsible for the settlement of that matter.

  Article 14 The State Administration for Industry and Commerce of the People's Republic of China and the administrative departments for industry and commerce in the provinces, autonomous regions and the municipalities directly under the Central Government are entitled to supervise and check on the business activities of the resident offices of foreign enterprises in accordance with the stipulations in these Measures.

  In carrying out the check-up and supervision16, the staff members of the said departments shall present identification cards specially17 issued for that purpose. The resident offices must report honestly and provide such information and data as required. Refusal to report or holding back information shall not be allowed.

  Article 15 Any of the following violations19 of the provisions in these Measures shall be punished by the State Administration for Industry and Commerce according to the seriousness of the case:

  1. The resident office of a foreign enterprise proven to have engaged in direct profit-making operations in violation18 of the provisions of Article 3 of these Measures shall be ordered to stop its business operations and be punished concurrently20 with a fine of 20,000 yuan (RMB) or less.

  2. The resident office of a foreign enterprise proven to have altered any item registered without going through the required procedure or failed to deregister when it ought to shall be given a notice of warning which is to be circulated. For more serious cases, a fine of up to 5,000 yuan (RMB) or less shall be imposed or even the registration certificate be revoked21.

  When the resident office of a foreign enterprise is found to have engaged in speculation22, frauds and other unlawful activities, all the proceeds and properties thus obtained shall be confiscated23 in addition to a fine or even the revocation24 of the registration certificate on the merit of the case. Cases that violate the Criminal Law of the People's Republic of China shall be dealt with by the judicial25 organs according to law.

  Article 16 A foreign enterprise or other economic organizations engaging, without authorization26, in business operations only allowed for resident offices shall be ordered to stop such activities and a fine of 10,000 yuan (RMB) or less shall be imposed in addition.

  Article 17 These Measures also apply to foreign enterprises and other economic organizations applying for accrediting27 their resident representatives within the boundaries of the People's Republic of China.

  Article 18 Companies and other enterprises run by overseas Chinese or by compatriots from Hong Kong and Macao, when applying for the establishment of resident offices, shall go through registration procedures with reference to these Measures so as to obtain registration certificates for the resident offices of overseas Chinese enterprises and enterprises in Hong Kong and Macao.

  Article 19 Chinese-foreign equity28 joint29 ventures operating outside China which have been approved to establish resident offices in China shall also go through registration procedures with reference to these Measures.

  Article 20 These Measures shall go into effect as of March 15, 1983



点击收听单词发音收听单词发音  

1 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
2 interim z5wxB     
adj.暂时的,临时的;n.间歇,过渡期间
参考例句:
  • The government is taking interim measures to help those in immediate need.政府正在采取临时措施帮助那些有立即需要的人。
  • It may turn out to be an interim technology.这可能只是个过渡技术。
3 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》
4 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?
5 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。
6 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。
7 autonomous DPyyv     
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。
8 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。
9 valid eiCwm     
adj.有确实根据的;有效的;正当的,合法的
参考例句:
  • His claim to own the house is valid.他主张对此屋的所有权有效。
  • Do you have valid reasons for your absence?你的缺席有正当理由吗?
10 renewal UtZyW     
adj.(契约)延期,续订,更新,复活,重来
参考例句:
  • Her contract is coming up for renewal in the autumn.她的合同秋天就应该续签了。
  • Easter eggs symbolize the renewal of life.复活蛋象征新生。
11 alterations c8302d4e0b3c212bc802c7294057f1cb     
n.改动( alteration的名词复数 );更改;变化;改变
参考例句:
  • Any alterations should be written in neatly to the left side. 改动部分应书写清晰,插在正文的左侧。 来自《简明英汉词典》
  • Gene mutations are alterations in the DNA code. 基因突变是指DNA 密码的改变。 来自《简明英汉词典》
12 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。
13 bankruptcy fPoyJ     
n.破产;无偿付能力
参考例句:
  • You will have to pull in if you want to escape bankruptcy.如果你想避免破产,就必须节省开支。
  • His firm is just on thin ice of bankruptcy.他的商号正面临破产的危险。
14 certify tOozp     
vt.证明,证实;发证书(或执照)给
参考例句:
  • I can certify to his good character.我可以证明他品德好。
  • This swimming certificate is to certify that I can swim one hundred meters.这张游泳证是用以证明我可以游100米远。
15 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。
16 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。
17 specially Hviwq     
adv.特定地;特殊地;明确地
参考例句:
  • They are specially packaged so that they stack easily.它们经过特别包装以便于堆放。
  • The machine was designed specially for demolishing old buildings.这种机器是专为拆毁旧楼房而设计的。
18 violation lLBzJ     
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。
19 violations 403b65677d39097086593415b650ca21     
违反( violation的名词复数 ); 冒犯; 违反(行为、事例); 强奸
参考例句:
  • This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
  • These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。
20 concurrently 7a0b4be5325a98c61c407bef16b74293     
adv.同时地
参考例句:
  • He was given two twelve month sentences to run concurrently. 他两罪均判12个月监禁,同期执行。 来自《简明英汉词典》
  • He was given two prison sentences, to run concurrently. 他两罪均判监禁,同期执行。 来自辞典例句
21 revoked 80b785d265b6419ab99251d8f4340a1d     
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
22 speculation 9vGwe     
n.思索,沉思;猜测;投机
参考例句:
  • Her mind is occupied with speculation.她的头脑忙于思考。
  • There is widespread speculation that he is going to resign.人们普遍推测他要辞职。
23 confiscated b8af45cb6ba964fa52504a6126c35855     
没收,充公( confiscate的过去式和过去分词 )
参考例句:
  • Their land was confiscated after the war. 他们的土地在战后被没收。
  • The customs officer confiscated the smuggled goods. 海关官员没收了走私品。
24 revocation eWZxW     
n.废止,撤回
参考例句:
  • the revocation of planning permission 建筑许可的撤销
  • The revocation of the Edict of Nantes was signed here in 1685. 1685年南特敕令的废除是在这里宣布的。 来自互联网
25 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
26 authorization wOxyV     
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。
27 accrediting 850dc737a4fc84ea4d535e3e4e36d490     
v.相信( accredit的现在分词 );委托;委任;把…归结于
参考例句:
  • One accrediting agency is the Council for Higher Education Accreditation. 有一个资信鉴定机构是为了高等教育的。 来自互联网
  • One accrediting agency is Council for Higher Education Accreditation. 高等教育授权委员会就是这样一个授权机构。 来自互联网
28 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。
29 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。
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