发文时间：
1989-10-18
实施时间：
1989-10-18
法规类型：
市场管理
国务院批转商业部、经贸部、物资部关于进一步清理整顿各类商业批发公司、对外经济贸易公司、物资公司意见的通知(附英文)
根据中共中央、国务院《关于进一步清理整顿公司的决定》的要求，现将商业部、经贸部、物资部关于进一步清理整顿各类商业批发公司、对外经济贸易公司、物资公司的意见发给你们，请遵照执行。
商业部关于进一步清理整顿各类商业批发公司的意见（略）
附件：对外经济贸易部关于进一步清理整顿各类对外经济贸易公司的意见
根据《中共中央、国务院关于进一步清理整顿公司的决定》，在贯彻《国务院关于清理整顿各类对外经济贸易公司的通知》的基础上，现对进一步清理整顿各类对外经济贸易公司（以下简称对外经贸公司）提出以下意见：
一、各省、自治区、直辖市、计划单列市（以下简称各地方）和中央国家机关各部门所属的各级各类对外经贸公司，都必须严格进行清理整顿。对那些不符合条件的各级各类对外经贸公司，要严格按照全国清理整顿公司领导小组《关于中央国家机关各部门所属公司撤销、合并的意见》的规定，坚决撤销、合并或取消进出口经营权。清理整顿的重点是1988年以来新成立的各级各类外贸公司；清理整顿后，个别确需保留的，要严格按照经贸部规定的设置外贸企业应具备的六项条件报经贸部重新审定。
二、有下列情况之一的，也要坚决予以撤销、合并或取消其进出口经营权：（一）不到中国银行或国家外汇管理局指定的其它银行结汇，严重逃汇的；（二）与境外商人勾结，协助其在内地直接收购出口商品或办理出口业务，协助其逃汇的；（三）在同一部门或同一地区，凡主管业务相同或相近，重复设置的；（四）无对外经营条件或缺乏外销渠道，而主要委托其它公司出口的；（五）地方外贸公司在省（自治区、直辖市）外设立的经营进出口业务的分支机构；（六）各地方所属综合外贸公司设立的有进出口经营权的二、三级公司。
三、经严格清理整顿后，各级各类外贸公司按下列规定设置：（一）除经贸部以外，中央各部门所属外贸公司，可根据需要保留一家，个别部门确需按产品专业设置的，由经贸部另行审定，其它的一律撤销、合并或取消进出口经营权。（二）省（自治区、直辖市）属综合外贸公司只保留一至二家，其它的一律撤销、合并或取消进出口经营权。（三）已有进出口经营权的地区（含地级市，下同）只保留确实需要又具备条件的一至二家外贸公司的进出口经营权，其它的予以撤销、合并或取消进出口经营权（广东、福建两省1987年年底以前设立的除外）。（四）经过国务院批准的经济技术开发区，只保留一家有进出口经营权的外贸公司，其它的予以撤销、合并或取消进出口经营权。（五）取消县（含县级市，下同）所属外贸公司进出口经营权（广东、福建两省1987年年底前设立的除外）。个别具备条件的，只经营有出口发展前途的本县特产的第三类出口商品，确需保留其进出口经营权的公司，须报经贸部批准。（六）各省、自治区、直辖市、计划单列市以及经济特区所属经营对苏联、东欧等国家易货贸易的外贸公司，允许保留一至二家，其它的一律撤销、合并或取消其易货贸易权。（七）经国务院批准开设口岸的边境毗邻县所属经营边境小额易货贸易的公司，允许保留一家，如口岸县不具备条件，可在口岸上属州（或地区、市）保留一家，其它的一律撤销、合并或取消其边境小额易货贸易经营权。
四、未经国务院或经贸部批准设立的国际经济技术合作公司一律撤销。对已经国务院或经贸部批准的国际经济技术合作公司（含与苏联、东欧等国家开展经济技术合作业务的公司），以及扩大对外经济技术合作业务或试点经营第三类出口商品业务的国际经济技术合作公司，各地方、各部门按照经贸部制定的组建这类公司应具备的七项条件，严格清理整顿后，报经贸部重新审定。
五、要重新核定各级各类外贸公司的业务范围。国家规定的第一类出口商品，由国家指定的外贸、工贸进出口总公司及直属的分公司、子公司按批准的范围经营，并承担国家下达的出口计划和上缴中央外汇任务。其它外贸企业一律不得经营第一类出口商品，如有违反，将其出口收汇全部没收，上缴中央，并追究领导者的责任。要严格控制外贸企业经营第二类出口商品的业务范围。中央各部门所属的外贸公司按经贸部批准的经营范围经营本系统产品或按批准的经营范围经营第二、三类出口商品；省（自治区、直辖市）属专业外贸公司按核定的经营范围经营第二、三类出口商品；省（自治区、直辖市）属综合外贸公司保留进出口经营权的地区所属外贸公司以及经济技术开发区的外贸公司，只允许经营第三类出口商品。经营第二、三类商品的各类外贸企业，都要承担中央或地方的出口计划和上缴外汇任务。各级各类外贸企业的进口业务，按照经贸部批准的进口商品经营范围和现行有关规定执行。
六、各地方、各部门经过这次清理整顿以后保留的对外经贸公司及其经营范围，报经贸部审批；广东、福建两省审批成立的各级各类对外经贸公司经过清理整顿后的撤销、合并方案，也要报经贸部审批。审定保留的对外经贸公司，凭经贸部颁发的审定证书报工商行政管理部门核准，办理注册登记手续。海南省及各级经济特区的各级各类对外经贸公司，按照有关规定和统一部署进行清理整顿。清理整顿后保留下来的各级各类对外经贸公司，由其对管部门报经贸部备案。如发现有不符合上述规定的公司，经贸部有权撤销，或取消其对外经营权，或调整其经营范围。
七、根据中共中央、国务院有关从国务院到各级政府今后原则上不再直接管理公司的决定，各级各类对外经贸公司和主要经营进出口业务的公司，统一归口由经贸部及各级地方对外经贸主管部门按照国家统一政策，从行业或业务上进行领导和管理。
八、在清理整顿公司工作结束以后，各地方技术比较密集的大中型生产企业和紧密型企业集团自营本企业产品有关的进出口业务，由各地方对外经贸主管部门审批后报经贸部备案；如发现已批准的生产企业或企业集团不具备经营进出口业务条件的，经贸部有权否决。全国性和跨省的企业集团申请经营进出口业务的，要报经贸部审批。物资部关于进一步清理整顿各类物资公司的意见（略）
CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL
AND
TRANS-MISSION OF THE SUGGESTIONS OF THE MINISTRY OF COMMERCE,
THE
MINISTRY
OFFOREIGN ECONOMIC
RELATIONS
AND
TRADE,
AND
THE
MINISTRY
OF
MATERIALSUPPLIES REGARDING THE FUR
THER CHECKING UP AND
RECTIFICATION
OF
VARIOUSTYPES OF COM
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
"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)
CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL
AND
TRANS-
MISSION OF THE SUGGESTIONS OF THE MINISTRY OF COMMERCE,
THE
MINISTRY
OF FOREIGN ECONOMIC
RELATIONS
AND
TRADE,
AND
THE
MINISTRY
OF
MATERIAL SUPPLIES REGARDING THE FURTHER CHECKING UP AND
RECTIFICATION
OF
VARIOUS TYPES OF COMMERCIAL WHOLESALE COMPANIES, FOREIGN
ECONOMIC
RELATIONS
AND TRADE COMPANIES, AND MATERIAL SUPPLY COMPANIES (October 18, 1989)
In accordance with
the
requirements
of
the
"Decision
Concerning
the Further Checking
Up
and
Rectification
of
Companies"
of
the
Central Committee of the Communist Party of
China
and
the
State
Council, the suggestions of the Ministry of Commerce, the Ministry of Foreign
Economic Relations and Trade, and the Ministry of Material Supplies
Regarding
the Further Checking Up
and
Rectification
of
Various
Types
of
Wholesale Commercial Companies, Foreign Economic Relations and Trade Companies, and Material Supply Companies, are hereby transmitted
to
you,
and
you
are requested to implement accordingly.
SUGGESTIONS OF THE MINISTRY OF COMMERCE CONCERNING THE FURTHER CHECKING UP AND RECTIFICATION OF VARIOUS TYPES OF WHOLESALE COMMERCIAL COMPANIES (Omitted) SUGGESTIONS OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE
CONCERNING THE FURTHER CHECKING UP AND RECTIFICATION OF VARIOUS TYPES OF FOREIGN ECONOMIC RELATIONS AND TRADE COMPANIES
In accordance with the "Decision of the Central Committee of the Communist Party of China and the State Council Concerning the
Further
Checking
Up and Rectification of Companies", and on the basis of the "Circular of
the State Council Concerning the Further
Checking
Up
and
Rectification
of Various Foreign Economic Relations and Trade Companies",
suggestions
are hereby put forward concerning the further checking up and rectification of various
foreign
economic
relations
and
trade
companies
(hereinafter referred to as "the foreign trade companies"):
1. Foreign trade companies at various levels and of various types attached to the provinces, autonomous regions, municipalities
directly
under
the Central
Government,
and
municipalities
under
separate
planning (hereinafter referred to as "the various localities),
as
well
as
those attached to the various departments under the Central Government, must all conduct the checking up and rectification strictly.
Those
foreign
trade companies at
various
levels
and
of
various
types
that
are
not
in conformity with the prescribed requirements shall resolutely be
abolished or merged, or their right to handle
import
and
export
trade
shall
be revoked, strictly in accordance with the provisions
of
"the
Suggestions Concerning the Abolition or Merger of Companies Attached
to
the
Various Departments Under the Central Government"
put
forward
by
the
National Leading Group for the Checking up
and
Rectification
of
Companies.
The emphasis of the checking up and rectification is laid on the foreign trade companies
at
various
levels
and
of
various
types
that
have
been established since 1988; after the checking up and rectification, if it
is really necessary to retain one or two of them, the case shall be submitted to the Ministry of Foreign Economic Relations and Trade for
reexamination and confirmation strictly in accordance with the six prerequisites for the establishment of foreign trade enterprises, as prescribed by the aforesaid Ministry.2.
Foreign
trade
companies
that
fall
under
one
of
the
following circumstances shall resolutely be abolished or merged, or their
right
to handle import and export trade shall be revoked:
(1) companies that do not settle their foreign exchange with the
Bank
of China or with other banks
designated
by
the
State
Administration
for Foreign
Exchange
Control,
and
have
evaded
foreign
exchange
control seriously;
(2) companies that have colluded with external businessmen and helped them purchase export goods directly from the inland or handle export
business,thereby helping them evade foreign exchange control;
(3) companies that have been established in the same department or in
the same region, handling the same or
similar
business,
so
they
are
just reduplicate setups;
(4) companies that do not
have
the
necessary
conditions
for
handling foreign trade, or lack external marketing
channels
for
handling
export trade but do so chiefly by entrusting other companies;
(5) the branch offices set up by local foreign trade companies outside the provinces
(autonomous
regions,
or
municipalities
directly
under
the Central Government) for handling import and export business.
(6) subcompanies of the second or third rank
with
the
right
to
handle import and
export
trade,
established
by
comprehensive
foreign
trade companies attached to various local governments.
3. After the completion of
the
strict
checking
up
and
rectification,foreign trade companies at various levels and of various
types
shall
be established in accordance with the following provisions:
(1) With the exception of the Ministry of Foreign Economic
Relations
and Trade, from among the foreign trade
companies
attached
to
the
various departments under the Central Government, one
company
for
each
of
the aforesaid departments may
be
retained,
depending
on
their
respective needs; where one or two departments really need(s) to set up companies for specialized products, the case shall be
examined
and
confirmed
by
the Ministry of Foreign Economic Relations and Trade
separately;
as
to
the other companies, they shall all be abolished or merged, or their right
to handle import and export business shall be revoked.
(2) From among the
comprehensive
foreign
trade
companies
attached
to provinces
(autonomous
regions,
or
municipalities
directly
under
the Central Government), only one or two shall be retained; as
to
the
other companies, they shall all be abolished or merged, or their right to handle import and export business shall be revoked.
(3) For those localities (including the municipalities at the
prefectural level, the same below) that have already been vested
with
the
right
to handle import and export, business, only one or
two
companies
shall
be retained with their right to handle import and export, on
condition
that they meet the actual needs and the prescribed requirements;
as to the other companies, they shall all be abolished or merged, or their right to handle import and export business
shall
be
revoked
(with
the exception of those companies in Guangdong and Fujian Provinces which
were established before the end of 1987).
(4) For those economic and technological development zones that have
been approved by the State Council, only one foreign
trade
company
with
the right to handle import and export business shall be retained;
as
to
the other companies, they shall all be abolished or merged, or their right
to handle import and export business shall be revoked.
(5) The right to handle import and export trade
of
those
foreign
trade companies attached to the counties (including municipalities at the county level, the same below) shall be
revoked
(with
the
exception
of
those companies in Guangdong and Fujian Provinces which were established
before the end of 1987). As to one or two special cases where the
foreign
trade companies meet the prescribed
requirements
and
handle
only
the
local specialties of their counties, that
is,
the
third
category
of
export commodities promising a bright prospect of export sales, and
thus
it
is necessary to retain their right to handle import and export business, such cases shall be submitted to the Ministry of Foreign Economic Relations and Trade for approval.
(6) From among the foreign trade companies, attached to various provinces,autonomous regions, municipalities directly under the Central
Government,municipalities under separate planning, and special
economic
zones
that handle barter transactions with the Soviet Union
and
the
East
European countries, only one or two companies shall be retained; as
to
the
other companies, they shall all be abolished or merged, or their right to handle import or export business shall be revoked.
(7) From among the trading companies, attached
to
counties
adjacent
to border ports which are established with the approval of the State
Council and handle petty barter trade in the border areas, only one company
shall be retained for each of the aforesaid counties; where a port
county
does not meet the prescribed requirements, a trading company at the region
(or prefecture, municipality) level, over the port may be retained; as to
the other companies, they shall all be abolished or merged, or their right
to handle petty barter trade in the border areas shall be revoked.
4. All international
economic
and
technological
cooperation
companies established without the approval by the State Council or by
the
Ministry of Foreign Economic Relations and
Trade
shall
all
be
abolished.
With respect to those
international
economic
and
technological
cooperation companies
(including
those
companies
which
handle
economic
and technological cooperation business with the
Soviet
Union
and
the
East European countries that have been approved by the State Council or by
the Ministry of Foreign Economic Relations and Trade, and those
international economic and
technological
cooperation
companies
that
engage
in
the expansion of business contacts for
external
economic
and
technological cooperation or in the
trial
management
of
the
exportation
of
export commodities of the third category,
all
the
localities
and
departments shall, in accordance with the seven prerequisites for the establishment of companies of the aforesaid type as formulated by the Ministry
of
Foreign Economic
Relations
and
Trade,
carry
out
a
strict
checking
up
and rectification on the aforesaid companies, and then submit the cases to the Ministry of Foreign Economic Relations and Trade
for
re-examination
and confirmation.
5. It is necessary to re-verify and confirm the business scope of
foreign trade companies at various levels and of various types.
The first category of export commodities,
as
prescribed
by
the
State,shall be handled by
the
national
foreign
trade
corporations,
or
the national industry and trade import and export corporations as well
as
by their branch offices and subsidiaries
in
accordance
with
the
approved business scope, and the aforesaid corporations
shall
also
undertake
to fulfil the export plan transmitted by the State, and
the
tasks
to
turn over a definite
amount
of
foreign
exchange
earnings
to
the
Central Government. All the other foreign trade companies
are
not
permitted
to handle export commodities of
the
first
category;
where
the
aforesaid provisions are violated, the foreign exchange earnings obtained shall
all be confiscated and be turned over
to
the
Central
Government,
and
the responsibilities of the persons in charge shall be investigated. A
strict control should be exercised over
the
business
scope
of
foreign
trade companies for handling export commodities
of
the
second
category.
The foreign trade companies attached to various departments under the
Central Government shall handle products of their
own
industries
in
accordance with the business scope approved
by
the
Ministry
of
Foreign
Economic Relations and Trade, or handle export commodities of the second
or
third category in accordance with the approved business scope;
the
specialized foreign
trade
companies
attached
to
provinces
(autonomous
regions, municipalities directly under the Central Government) shall handle
export commodities of the
second
or
third
category
in
accordance
with
the appraised and confirmed business scope; as to those comprehensive
foreign trade
companies
attached
to
provinces
(autonomous
regions,
or municipalities directly under the Central Government), the
foreign
trade companies that are attached to prefectures and have retained
their
right to handle import and export business, and the foreign trade
companies
in the economic and technological development zones, they shall be
permitted to handle only export commodities
of
the
third
category.
The
various categories of foreign trade companies that handle
export
commodities
of the second and third categories shall all undertake to fulfil
the
export plans and the tasks to turn over a definite
amount
of
foreign
exchange earnings to the Central Government or to the local governments. The import business of foreign trade companies at various levels and of various types shall
be
handled
in
accordance
with
the
business
scope
of
import commodities approved by the Ministry of
Foreign
Economic
Relations
and Trade and also with the existing ertinent provisions.
6. The foreign trade
companies
with
their
business
scope,
which
are attached to various localities and various government organs and have been retained after the checking up and rectification, shall
be
submitted
to the Ministry of Foreign Economic Relations and Trade for
examination
and approval; with respect to the foreign trade companies
at
various
levels and
of
various
types
in
Guangdong
and
Fujian
Provinces
that
were established
after
examination
and
approval,
the
framework
for
the abolishment and merger of these companies formulated in the process of the checking up and rectification shall also be submitted to the
Ministry
of Foreign Economic Relations and Trade for
examination
and
approval.
The foreign trade companies that have been
retained
after
verification
and confirmation shall present the examination
and
confirmation
certificate issued by the Ministry of Foreign Economic
Relations
and
Trade
to
the administrative departments for industry and commerce for
examination
and approval, and then go through the procedures for registration.
The foreign trade companies at various levels and of various types located in Hainan Province and in the special economic zones shall be
checked
up and rectified in accordance with the pertinent provisions and the
unified arrangement. The foreign trade companies at various levels and of
various types have been retained after the checking up and rectification shall
be submitted by their respective competent departments for
foreign
economic relations and trade to the Ministry
of
Foreign
Economic
Relations
and
Trade for the record.In the event that a company has been discovered not in conformity with the aforesaid provisions, the Ministry of Foreign Relations and Trade has
the right to abolish it, or revoke its right to handle external
business,
or
to readjust its business scope.
7. In accordance with
the
decision
of
the
Central
Committee
of
the Communist Party of China and the State Council that henceforth
government organs from the State Council down to the people's governments at
various levels shall, in principle, not directly
manage
any
companies,
foreign trade companies at
various
levels
and
of
various
types
as
well
as companies that chiefly handle import and
export
business
shall
all
be placed under the leadership and administration, in their line of
industry and business operations, by the Ministry of Foreign Economic Relations and Trade
and
by
the
local
competent
departments
for
foreign
economic relations and trade in accordance with the unified policies formulated
by the State.
8. After the completion of the checking up and rectification,
the
import and export business related to their own products, as conducted by
large-and
medium-sized
technology-intensive
production
enterprises
and conglomerates of the closely-knit type, shall be examined and approved
by the local competent departments for foreign economic relations and
trade, and then submitted to the Ministry of Foreign Economic Relations and Trade for the record; in the event that a production enterprise or
conglomerate is discovered to be short of the prescribed
qualifications
for
handling import and export business, the Ministry of Foreign Economic Relations and
Trade has the right to overrule it. An application, which is
filed
by
a
national or transprovincial conglomerate for handling
import
and
export business, shall be examined
and
approved
by
the
Ministry
of
Foreign Economic Relations and Trade.
SUGGESTIONS OF THE MINISTRY OF MATERIAL SUPPLIES CONCERNING THE FURTHER CHECKING UP AND RECTIFICATION OF VARIOUS TYPES OF MATERIAL SUPPLY
COMPANIES (Omitted)
1989年10月18日 |