作者:法律资料网 时间:2024-07-26 14:25:48  浏览:9282   来源:法律资料网

国务院


国务院关于中外合资经营企业外汇收支平衡问题的规定(附英文)

1986年1月15日，国务院

第一条 为鼓励外国合营者在中国境内兴办中外合资经营企业，促进其外汇收支平衡，以利于生产经营和外国合营者将所得合法利润汇往国外，特制定本规定。
第二条 中外合资经营企业生产的产品应多出口，多创汇，做到外汇收支平衡。
第三条 依法批准兴办的中外合资经营企业，其外汇收支需要调剂的，应按照审批权限，分级管理解决。经国家主管机关批准兴办的中外合资经营企业，由国家主管机关负责在全国范围内的中外合资经营企业的外汇收入中调剂解决，也可由国家主管机关同地方人民政府按商定的比例调剂解决。经由国务院授权的或国家主管机关委托的地方人民政府或国务院有关部门批准兴办的中外合资经营企业，由各该地方人民政府或部门负责在所批准兴办的中外合资经营企业的外汇收入中调剂解决。
第四条 对于外国合营者提供先进技术、关键技术生产的尖端产品，或在国际上有竞争能力的优质产品，如国内急需，经主管部门鉴定合格，按国家规定的审批权限和审批程序，经过批准，可在内销比例和内销期限上给予优惠。此项内销，应由产需双方签订合同加以明确。前款企业的外汇平衡方案，按本规定第三条第二款规定由批准机关制订。批准机关制订的外汇平衡方案，应分别按行政序列，送对外经济贸易部或地方经贸部门审查提出意见，报国家计划委员会或地方计划委员会批准后纳入长期或年度用汇计划，予以解决。
第五条 中外合资经营企业生产国内需要长期进口或急需进口的产品，可根据对该项产品的质量、规格要求和进口情况，经国务院主管部门或地方主管部门批准实行进口替代。此项替代，应在双方签订的中外合资经营企业合同或产需合同中加以明确。经贸部门应积极支持国内用货单位同前款中外合资经营企业按国际价格订立购销合同；其用汇方案按本规定第三条第二款规定制订，并分别按行政序列，送对外经济贸易部或地方经贸部门审查提出意见，报国家计划委员会或地方计划委员会批准后纳入长期或年度进口用汇计划，予以解决。
第六条 中外合资经营企业为求得外汇收支平衡，经对外经济贸易部门批准，可利用外国合营者的销售关系，推销国内产品出口，实行综合补偿。但属于国家统一经营的、有出口配额的和应申报领取出口许可证的产品，须报对外经济贸易部特许批准；未经批准，中外合资经营企业不得经营此类产品的出口业务。
第七条 中外合资经营企业未按合同规定完成其所承担的出口和创汇任务，因而造成外汇收支不平衡的，有关机关不承担调剂解决的责任。
第八条 中外合资经营企业销售给经济特区和沿海开放城市的经济技术开发区以外的其他地区有外汇支付能力的企业的产品，经国家外汇管理部门批准，允许以外币计价结算。
第九条 同一外国合营者在中国境内（包括不同地方、不同部门）兴办两个或两个以上的中外合资经营企业，其合法所得的外汇份额有的有余、有的不足时，经国家外汇管理部门批准，可在其所办的各个企业之间调剂解决。前款调剂，应取得合营各方同意。
第十条 经对外经济贸易部门和外汇管理部门批准，外汇收支不能平衡的中外合资经营企业的外国合营者，可将其从中外合资经营企业分得的人民币利润，按《中外合资经营企业法》第七条的规定再投资于国内能够新创外汇或新增加外汇收入的企业，除依法享受退还已缴纳的部分所得税的优惠外，并可从接受该项投资企业新增加的外汇收入中获得外汇，以汇出其合法利润。
第十一条 本规定适用于在中国境内兴办的中外合作经营企业，以及香港、澳门、台湾地区的公司、企业和其他经济组织在内地兴办的合资经营企业、合作经营企业，也适用于华侨投资兴办的合资经营企业、合作经营企业。外国的合营者在中国境内兴办的金融、保险类企业，以及香港、澳门、台湾地区的合营者在内地兴办的此类企业，不适用本规定。
第十二条 本规定发布前的有关中外合资经营企业外汇收支平衡的规定，凡与本规定相抵触的，以本规定为准。
第十三条 本规定由对外经济贸易部负责解释。
第十四条 本规定自一九八六年二月一日起施行。(附英文)

PROVISIONS OF THE STATE COUNCIL CONCERNING THE ISSUE OF BALANCE OFINCOME AND EXPENDITURE IN FOREIGN EXCHANGE OF CHINESE-FOREIGN EQUITY JOINTVENTURES

Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民
共和国涉外法规汇编》(1991年7月版).
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.

Whole Document (法规全文)
PROVISIONS OF THE STATE COUNCIL CONCERNING THE ISSUE OF BALANCE OF
INCOME AND EXPENDITURE IN FOREIGN EXCHANGE OF CHINESE-FOREIGN EQUITY JOINT
VENTURES
(Promulgated by the State Council on January 15, 1986)
Article 1
These Provisions are formulated for the purpose of encouraging foreign
investors to set up Chinese-foreign equity joint ventures in China and
promoting the achievement of balance of income and expenditure in foreign
exchange of these ventures so as to facilitate their production and
business operations and make it available for foreign partners to remit
abroad their legitimate profits obtained in China.
Article 2
Chinese-foreign equity joint ventures should try to increase export of
their products and generate more foreign exchange and strive to achieve
balance of income and expenditure in foreign exchange.
Article 3
If the income and expenditure in foreign exchange of a Chinese-foreign
equity joint venture which has been set up with approval and in accordance
with the law need to be regulated, the regulation shall be administered
and effected by the authorities at different levels in accordance with
their respective authority for examination and approval. With respect to a
Chinese-foreign equity joint venture which has been set up with the
approval of competent state authorities, the regulation of its income and
expenditure in foreign exchange shall be effected by the competent state
authorities from the foreign exchange revenues of the Chinese-foreign
equity joint ventures throughout the country, or it may also be effected
jointly by the competent state authorities and the local people's
governments in accordance with the percentage agreed upon through
consultation between them. With respect to a Chinese-foreign equity joint
venture which has been launched with the approval of the local people's
government or of the department concerned of the State Council of the
People's Republic of China which has been authorized by the State Council
of the People's Republic of China or entrusted by competent state
authorities to grant the approval, the regulation of its revenue and
expenditure in foreign exchange shall be effected by the local people's
government or the department concerned from the foreign exchange revenues
of the Chinese-foreign equity joint ventures which have been launched with
their approval.
Article 4
Sophisticated products manufactured with advanced technology or key
technology provided by foreign joint venturers or quality products highly
competitive on the international market may be granted preferential
treatment in respect of the percentage and the time limit allowed for
placing them on the domestic market, provided that they are urgently
needed domestically and are proved to be up to standard upon appraisal by
competent authorities and that the granting of such treatment has been
approved in accordance with the power for examination and approval and the
procedures of examination and approval prescribed by the state. The
placing of such products on the domestic market shall be specified in the
contract signed between the manufactures and the party that needs the
products.
The plan for the balance of revenue and expenditure in foreign exchange in
the joint ventures involved in the preceding paragraph of this Article
shall be formulated by the approving authorities in accordance with the
provisions in the second paragraph of Article 3 of these Provisions. The
plan for the balance of revenue and expenditure in foreign exchange thus
formulated by the approving authorities shall, in accordance with the
respective administrative order, be submitted to the Ministry of Foreign
Economic Relations and Trade or the local department of foreign economic
relations and trade for examination and comments and then be submitted to
the State Planning Commission or the local planning commission for
approval, upon which it shall be included into the long-term plan or
annual plan for the use of foreign exchange and put into practice.
Article 5
Products manufactured by Chinese-foreign equity joint ventures which for a
long time have had to be imported or are urgently needed may, in
accordance with the quality and specifications required of the products
and the status of their importation and upon approval by the competent
authorities of the State Council of the People's Republic of China or by
the local competent authorities, be used as import substitutes. Such
substitution shall be specified in the Chinese-foreign equity joint
venture contract signed between the two parties thereto or in the contract
signed between the manufacturers and the party that needs the products.
Departments of foreign economic relations and trade shall give active
support to the domestic units that are users of the products and encourage
them to sign purchase and sale contracts with the Chinese-foreign equity
joint ventures referred to in the preceding paragraph in accordance with
the prices prevailing in the international market. The plans for the use
of foreign exchange for these units shall be formulated in accordance with
the provisions in the second paragraph of Article 3 of these Provisions.
The plans thus formulated shall, in accordance with the respective
administrative order, be submitted to the Ministry of Foreign Economic
Relations and Trade or the local departments of foreign economic relations
and trade for examination and comments and then be submitted to the State
Planning Commission or the local planning commissions for approval, upon
which they shall be included in the long-term plans or annual plans for
the use of foreign exchange and put into practice.
Article 6
In their efforts to seek a balance of revenue and expenditure in foreign
exchange, Chinese-foreign equity joint ventures may, upon approval by
departments of foreign economic relations and trade, make use of the
foreign joint venturers' marketing relations to promote the export of
domestic products and achieve comprehensive compensation. But with respect
to the products which are under the State's centralized management, or for
which export quotas are set, or for which an export licence is to be
applied for and obtained, they shall be exported only with the special
permission of the Ministry of Foreign Economic Relations and Trade. In
default of such special permission no Chinese-foreign equity joint
ventures may engage in the export business of these products.
Article 7
If a Chinese-foreign equity joint venture fails to fulfil the tasks of
export and bringing in foreign exchange earnings it has undertaken in
accordance with the stipulations of the contract, thus causing an
imbalance of revenue and expenditure in foreign exchange, the authorities
concerned shall not be held responsible for the regulation thereof.
Article 8
The products sold by Chinese-foreign equity joint ventures to enterprises
which are located in areas other than the Special Economic Zones and the
Economic and Technological Development Areas of the Open Coastal Cities
and which are capable of making payment in foreign exchange shall, upon
approval by the state departments for control of foreign exchange, be
permitted to be priced and settled in foreign exchange.
Article 9
With respect to a foreign joint venturer who has set up two or more
Chinese-foreign equity joint ventures inside China (including those in
different localities and different sectors), the legitimate share of
foreign exchange the venturer is entitled to receive, in case of surplus
in one venture but deficit in another, may, upon approval by the state
department for control of foreign exchange, be regulated between the
ventures the venturer has set up.
The regulation referred to in the preceding paragraph shall be subject to
the consent of all the parties to the joint ventures.
Article 10
Foreign joint venturers in Chinese-foreign equity joint ventures who fail
to achieve a balance of revenue and expenditure in foreign exchange may,
upon approval by the departments of foreign economic relations and trade
and departments for control of foreign exchange, re-invest the share of
profit in Renminbi that they have received from the ventures in domestic
enterprises that are capable of bringing in or increasing foreign exchange
earnings in accordance with the provisions in Article 7 of the Law of the
People's Republic of China on Chinese-foreign Equity Joint Ventures and
may, in addition to enjoying the preferential treatment of getting part of
their paid incomes taxes refunded, obtain foreign exchange from the newly
increased foreign exchange revenues of the enterprises which have accepted
their investments and remit abroad their legitimate profit.
Article 11
These Provisions shall apply to the Chinese-foreign equity ventures
established inside China and to the joint ventures and contractual joint
ventures set up on China's mainland by companies, enterprises and other
economic organizations in the regions of Hong Kong, Macao and Taiwan. They
shall also apply to the joint ventures and contractual joint ventures set
up with investments by overseas Chinese.
Financial and insurance enterprises established inside China by foreign
joint ventures and enterprises of the same kind set up on China's mainland
by joint ventures from the regions of Hong Kong, Macao and Taiwan shall
not be governed by these Provisions.
Article 12
Where provisions existing, before the promulgation of these Provisions,
concerning the question of the balance of revenue and expenditure in
foreign exchange are in conflict with these Provisions, the latter shall
prevail.
Article 13
The Ministry of Foreign Economic Relations and Trade shall be responsible
for the interpretation of these Provisions.
Article 14
These Provisions shall go into effect on February 1, 1986.