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Rules for the Implementation of Exchange Control R
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:9339

 

1983.08.01
STATE ADMINISTRATION OF FOREIGN EXCHANGE CONTROL
 RULES  FOR  THE  IMPLEMENTATION  OF EXCHANGE CONTROL REGULATIONS
RELATING TO ENTERPRISES  WITH OVERSEAS CHINESE CAPITAL, ENTERPRISES
WITH FOREIGN CAPITAL AND SINO-FOREIGN EQUITY JOINT VENTURES
(Approved July 19, 1983 by the State Council and Promulgated August 1,
1983 by the State Administration of Exchange Control)
 @@  Article  1.  These  rules are formulated for implementing the
provisions  of  Chapter  V  of  the "Provisional Regulations for
Exchange Control of the People's Republic of China".
 @@  Article  2.  In Chapter V of the "Provisional Regulations for
Exchange Control  of  the  People's  Republic of China", the term
"enterprises with overseas Chinese capital" refers to corporations,
enterprises or other economic  entities registered in China with
overseas Chinese capital or capital  of  compatriots in Hong Kong
and  Macao  areas,  and  managed independently  or  jointly with
Chinese enterprises; the term "enterprises with  foreign capital"
refers  to  corporations,  enterprises or other economic entities
registered  in  China  with  foreign  capital,  and  managed
independently  or  jointly  with Chinese enterprises; the term
"Sino-foreign equity  joint ventures" refers to enterprises jointly
established, owned and run in China by corporations, enterprises,
other  economic entities or individuals  with  overseas  Chinese
capital, capital of compatriots in Hong Kong  and  Macao areas or
foreign  capital  and  Chinese  corporations, enterprises or other
economic entities.
 @@  Article  3.  For  all  business  involving foreign exchange
receipts and payments, enterprises with overseas Chinese capital,
enterprises  with foreign  capital and Sino-foreign equity joint
ventures  must  act  in accordance with the stipulations in the
"Provisional  Regulations  for Foreign  Exchange  Control  of the
People's  Republic of China" as well as those of the rules hereby
stipulated.
  @@  Article  4.  Enterprises with overseas Chinese capital,
enterprises  with  foreign  capital and Sino-foreign equity joint
ventures should open renminbi deposit accounts and foreign exchange
deposit accounts in China with the Bank of China or any other banks
approved by the State Administration of Foreign Exchange Control
(SAFEC)  or  its  branch  offices, payments and receipts in these
accounts  being subject to the supervision of the bank with which the
enterprises have established accounts. When applying for the opening
of  the  accounts,  the  enterprises  shall submit for verification
their  operating  licenses  issued  by the State Administration for
Industry and Commerce of the People's Republic of China.
 @@  Article  5.  The  solely  borne  exploration  fund and its
co-operative development  fund  and  co-operative production fund
provided  by  the enterprises engaged in co-operative exploitation
of  offshore petroleum resources  in  China are permitted to be
deposited in banks situated in foreign countries or in Hong Kong
and Macao areas agreed upon by their Chinese partners.
 @@  Article  6.  Should they find it necessary to open foreign
exchange deposit  accounts  with  banks  abroad or in Hong Kong and
Macao areas other than  the  accounts opened in accordance with
Article 5 of these rules, enterprises with overseas Chinese capital,
enterprises with foreign capital and  Sino-foreign  equity  joint
ventures  should apply to the SAFEC or its branch  offices for
approval. The enterprises concerned shall submit to the SAFEC or its
branch  offices quarterly statements of payments into and withdrawal
from  such  accounts within 30 days after the end of each and every
quarter.
 @@  Article  7.  All  foreign  exchange  receipts of enterprises
maintaining  foreign  exchange  accounts with banks in China in
accordance with Article 4 of these rules, must be deposited in
the  said accounts and all their foreign  exchange disbursements
incurred in normal business operations can be paid from these accounts.
 @@  Article  8. For the implementation of the petroleum operations
specified  in  their  contracts,  the  enterprises  with  foreign
capital  engaged  in co-operative exploitation of offshore petroleum
resources may pay directly outside of China wages, salaries, cost of
procurements, various labor costs and  service  charges to foreign
workers  and  staff members, foreign subcontractors and suppliers.
The  foreign  workers and staff members and foreign subcontractors
shall  pay  taxes  on the income earned in China in accordance with
the provisions of the tax laws of

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