distance什么意思中华人民共和国外资企业法(英文版)

2021年1月19日发(作者：camille)
烟台大学法学院



法律硕士张川方

中华人民共和国外资企业法

Law of the People
’
s Republic of China on Foreign Capital Enterprises

Article 1

With a view to expanding economic cooperation and technical exchange with foreign countries
and
promoting
the
development
of
the
national
economy
of
China(
中国国民经济
)
,
the
People's
Republic of China permits foreign enterprises, other foreign economic organizations or individuals
(hereinafter collectively referred to as
foreign capital enterprises(
外资
企业
)

within the territory of China and protects the lawful rights and interests of such enterprises.

Article 2

As mentioned in this Law,
China
by
foreign
investors,
exclusively
with
their
own
capital(
全部资本由
)
,
in
accordance
with
relevant Chinese laws. The term does not include branches set up in China by foreign enterprises
and other foreign economic organizations.

Article 3

(1) Foreign capital enterprises shall be established in such a manner as to help the development of
the national economy of China, to use advanced technology and equipment or to market all or most
of their products outside China.

(2) Provisions shall be made by the State Council regarding the lines of business which the state
forbids foreign capital enterprises to engage in or on which it
places certain restrictions
.

Article 4

(1) The investment of a foreign investor in China, the profit it earns and its other lawful rights
and interests shall be protected
by the Chinese law
.

(2)
Foreign
capital
enterprises
must
abide
by
the
Chinese
laws
and
regulations

and
must
not
engage in activities detrimental to China's public interest.

Article 5

The state shall not nationalize or
requisition(
征收
)

any foreign capital enterprise. Under special
circumstances,
when
public
interests
require,
foreign
capital
enterprises
may
be
requisitioned
by
legal procedures(
依照法律程序
)
and appropriate compensation shall be made.

Article 6

(1)
The
application
to
establish
a
foreign
capital
enterprise
shall
be
submitted
for
examination
and approval to the department in charge of foreign economic relations and trade under the State
Council, or to any other agency authorized by the State Council.

(2) The authorities in charge of examination and approval shall, within 90 days from the date they
receive such application, decide whether or not to grant approval.

Article 7

(1) After an application for the establishment of a foreign capital enterprise has been approved,
the foreign investor shall, within 30 days from the date of receiving a certificate of approval, apply
to
the
industry
and
commerce
administration
authorities
for
registration
and
obtain
a
business
licence(
领取
)
.
(2)
The
date
of
issuance
of
the
business
licence
shall
be
the
date
of
the
establishment
of
the
foreign capital enterprise.

Article 8

A foreign
capital
enterprise which meets
the
conditions
for being considered
as a legal
person
under the Chinese law shall acquire the status of a Chinese legal person, in accordance with law.

Article 9

(1) A foreign capital enterprise shall make investments in China within the period approved by
the authorities in charge of examination and approval. If it fails to do so, the industry and commerce
administration authorities may cancel its business licence.

(2)
The
industry
and
commerce
administration
authorities
shall
inspect
and
supervise
the
investment situation of a foreign capital enterprise.

Article 10

In the event of a split-up, merger or other major changes, a foreign capital enterprise shall report
to the authorities
in charge of
examination and approval for approval, and register the change with
the industry and commerce administration authorities.

Article 11

(1)
The
production
and
operation
plans
of
a
foreign
capital
enterprise
shall
be
reported
to
its
competent authority
for the record(
备案
)
.

(2) A foreign capital enterprise shall conduct its operation and management in accordance with
the approved articles of association, and shall be free from any interference.



Article 12

When employing Chinese staff and workers, a foreign capital enterprise shall conclude contracts
with
them
according
to
law,
in
which
matters
concerning
employment,
dismissal,
remuneration,
welfare, labor protection and labor insurance shall be clearly prescribed.

Article 13

(1)
Staff
and
workers
of
a
foreign
capital
enterprise
may
organize
a
trade
union
(
建立工会
)
in
accordance with law, in order to conduct trade union activities and protect their lawful rights and
interests.

(2) A foreign capital enterprise shall provide necessary conditions for the trade union to carry out
activities.

Article 14

(1)
A
foreign
capital
enterprise
must
set
up
account
books
in
China,
conduct
independent
accounting(
进行独立核算
)
,
submit
the
accounting
reports
and
statements(
会计报表
)
as
required
and
accept supervision by the financial and tax authorities.

(2) If a foreign capital enterprise refuses to
maintain account books(
设置会计账簿
)
in China, the
financial and tax authorities may impose a fine on it, and the industry and commerce administration
authorities may order it to suspend operations or may revoke its business licence.