工商企字[2001]第368号
颁布日期:20011219 实施日期:20011219 颁布单位:国家工商行政管理局
GongShangQiZi [2001] No.368
December 19, 2001
Hebei Administration for Industry and Commerce:
We have studied your Request for Instructions on How to Apply Paragraph 2 of Article 2 of Related Issues of China Oil and Natural Gas Corporation and the State Administration for Industry and Commerce on Applications for Registration1 as Oil Enterprises (JiGongShang [2001] No.125) and now reply as follows:
In accordance with Paragraph 2 of Article 2 of the Circular of China Oil and Natural Gas Corporation and the State Administration for Industry and Commerce Concerning Related Issues on Applications for Registration as Oil Enterprises (ZhongYouQiZi [1991] No.206), internal construction and manufacturing units and assisting manufacturing units affiliated2 to enterprises that need no registration for independent business operation are only restricted to those that "provide mere3 products and labor4 services internally and have no external business operations whatsoever5". Units that "own partial external business operations" should "register for business operation in compliance6 with the regulations." The term "enterprise" here refers to any organization established in line with the law with the legal capacity for independent business operation. "Internal" refers to within the business entity7. Such "internal" units as manufacturing and construction units and assisting manufacturing units affiliated to the business entity that are established outside the residence of the business entity, provide products and services to parties that do not belong to the internal range of the business entity and engage in external business operation should apply for the required registration in line with the provisions. Otherwise, they shall be investigated in accordance with the Regulations for Controlling the Registration of Enterprises as Legal Persons and its implementing8 rules.