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关于中外合资合作经营企业产品以产顶进办法

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关于中外合资、合作经营企业产品以产顶进办法(附英文)(已废止)

关于中外合资、合作经营企业产品以产顶进办法(附英文) 1987年10月19日,国家计委 关于中外合资合作经营企业产品以产顶进办法(国务院批准,国家计划委员会1987年10月19日发布) 第一条 根据《国务院关于鼓励外商投资的规定》,为鼓励外商投资兴办先进技术企业,帮助企业解决外汇收支平衡,特制定本办法。 第二条 本办法适用于能够提供国内需要的先进技术,从事新产品开发,实现产品 升级换代的生产型中外合资经营、合作经营企业(以下简称合资、合作企业)。 第三条 符合下列各项条件的,可申请以产顶进: 一、确属国内需要的技术先进型的合资、合作企业的产品,投产初期,在实现国产化进程中,外汇平衡出现暂时困难的; 二、上述企业生产的产品属于目前和今后几年中央、地方和部门需要进口的; 三、申请以产顶进的产品规格、性能、交货期和技术业务、培训应符合国内用户的需要,产品必须经过国家级产品质量检测中心鉴定,确认达到同类进口商品的质量标准,原则上价格不高于当时的国际市场价格。 第四条 凡要求以产顶进的企业,在申报项目建议书的同时,提出以产顶进的申请。在报送项目可行性研究报告时,必须明确合资、合作企业产品的内外销比例,以及国产化的进度,并对以产顶进的可行性(包括分年顶替进口的产品数量和外汇金额)进行充分论证或评估。 第五条 按分级管理原则,合资、合作企业产品申请以产顶进,分别由中央、地方(部门)两级审批。中央审批的限额以上项目需要以产顶进的,由国家计委审批;地方和部门审批的限额以下项目需要以产顶进的,由地方计委和部门自行审批。 第六条 由国家计委审批的限额以上项目的以产顶进: 一、凡已列入国家批准的中长期中央进口计划的商品,除去对外已签长期贸易协议和必须安排进口的以外,还有可能供以产顶进的,在审批可行性研究报告时,可预批中央进口计划期内的以产顶进。 二、没有列入中长期中央进口计划的商品,原则上不预批以产顶进。但在年度中央进口计划中有这类商品进口且能以产顶进时,企业可向国家计委提出申请,批准后,由经贸部办理只在当年有效的以产顶进手续。 三、没有列入中长期和年度中央进口计划的商品,如当年地方有进口,企业可向地方计委提出申请,经批准后,由地方经贸部门办理以产顶进手续。 第七条 由地方、部门审批的限额以下项目的以产顶进: 一、凡已列入本省、自治区、直辖市的中长期和年度进口计划内可供以产顶进的商品,可由省、自治区、直辖市计委参照中央的审批办法,预批和办理本地区进口计划期内的以产顶进。 二、没有列入本地区中长期或年度计划,但本地区或其他地区有进口的,可实行跨地区的以产顶进。企业可径向进口这一商品的省、自治区、直辖市计委申报,经批准后,由该省、自治区、直辖市经贸部门办理以产顶进手续。 三、部门用自有外汇进口的商品,企业可直接向该部门申请,经同意后,办理以产顶进手续。 第八条 上述经中央和地方计委(或部门)审批同意以产顶进的产品,属于在中长期进口计划内预批的,必须根据当年的进口计划情况,在年度中进一步核定落实。 凡经批准实行以产顶进的产品,国内用户在同等条件下,必须优先选用。 各级进口管理部门和进口审查部门,对合资、合作企业已能生产并符合以产顶进条件的产品,应指导和鼓励国内用户优先采购。 第九条 经批准的以产顶进产品,国内用户采购时,应按双方商定的条件,经国家外汇管理部门批准,向合资、合作企业支付全部或部分外汇。 第十条 机电产品的以产顶进,由国家经委制定并公布以产顶进目录和以产顶进管理办法,指导国内用户优先采购目录内的产品。 凡生产目录内产品的合资、合作企业可以参加中国机电设备招标中心(或经国家经委批准的招标公司)组织的进口机电设备招标,中标的企业,由该中心出具证明,实现以产顶进。 第十一条 合资、合作企业生产以产顶进产品所需进口的料、>,按《对外经济贸易部关于外商投资企业申领出口许可证的实施办法》第四条规定办理进口手续;上述产品供应给国内用户时,按海关总署《中华人民共和国海关对外商投资企业履行产品出口合同所需进口料、>管理办法》第五条规定办理。 第十二条 经批准其产品实行以产顶进的合资、合作企业,必须做到: 一、严格执行合同中规定的出口比例和国产化进程的要求; 二、必须努力使产品的技术性能和质量保持先进水平; 三、按合同规定的数量、时间交货,因交货时间、交货数量和产品质量等问题造成用户经济损失者,要承担相应的经济; 四、为用户提供优质业务。 第十三条 合资、合作企业的产品一俟批准以产顶进后,不能再重复将这部分产品纳入国产物资分配计划。 第十四条 本办法由国家计委负责解释。 第十五条 本办法自公布之日起实行。 附件 “七五”计划期间中央进口计划内可以实行以产顶进的商品目录 1、钢材 5、铝 9、木浆 2、生铁 6、锌 10、腈纶 3、木材 7、橡胶 11、锦纶 4、铜 8、化肥 12、人造丝 MEASURES CONCERNING THE SUBSTITUTION OF PRODUCTS MANUFACTURED BYCHINESE- FOREIGN EQUITY JOINT VENTURES AND CHINESE-FOREIGN CONTRACTUALJOINT VENTURES FOR SIMILAR IMPORTED PRODUCTS 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 THEPEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People's Republic of China, and is published by the ChinaLegal System Publishing case of discrepancy, the original version in Chinese shall prevail. Whole Document (法规)MEASURES CONCERNING THE SUBSTITUTION OF PRODUCTS MANUFACTURED BYCHINESE- FOREIGN EQUITY JOINT VENTURES AND CHINESE-FOREIGN CONTRACTUALJOINT VENTURES FOR SIMILAR IMPORTED PRODUCTS(Approved by the State Council and promulgated by the State Plan-ning Commission on October 19, 1987)Article 1These Measures are formulated in accordance with the Provisions of theState Council Concerning the Encouragement of Foreign Investment, toencourage foreign businessmen to invest in setting up technologically -advanced enterprises, and to help enterprises in achieving a balancebetween their foreign exchange earnings and ticle 2These Measures shall apply to Chinese-foreign equity joint ventures andChinese-foreign contractual joint ventures of a production nature(hereinafter referred to as joint ventures and contractual ventures) whichcan provide advanced technologies China needs and are engaged in thedevelopment of new products, thereby realizing the upgrading of productsand the replacement of old products with new ticle 3Enterprises with foreign investment that satisfy the following conditionsmay apply to substitute their products for similar imported products:(1) technologically-advanced joint ventures and contractual ventures whoseproducts are indeed needed in China, and which have, at the initial stageof production, experienced some temporary difficulties in balancing theirforeign exchange earnings and expenditures in the course of realizing thereplacement of imported products with home-made ones;(2) the products manufactured by enterprises mentioned above belong to thecategories of products the central departments, the localities and otherdepartments need to import at present and in the next few years;(3) products that are recommended as substitutes for similar importedproducts shall meet the needs of domestic users in specifications,properties, the delivery time, technical services and technical training,and undergo the appraisal conducted by the national testing center for thequality of products, thereby confirming that the aforesaid productsmeasure up to the quality standard of similar imported goods; inprinciple, the prices of the recommended products shall not be higher thanthose of the international market at the ticle 4Enterprises that recommend their products as substitutes for similarimported goods shall make an application in that connection at the timewhen they submit their project proposals. When they submit their projectfeasibility study reports, they must state clearly in the reports theproportion between domestic sales and export sales of the productsmanufactured by the joint ventures and contractual ventures and the rateof progress for the replacement of imported products with home-made ones;moreover, they shall prove by an ample demonstration or appraise thefeasibility of substituting their products for similar imported ones(including a statement concerning the annual quantity of their products tobe used to substitute for imported products and annual amount of foreignexchange to be earned therefrom).Article 5Pursuant to the principle of administration at different levels, theapplications for the approval of using the products manufactured by thejoint ventures and contractual ventures to substitute for similar importedgoods shall be examined and approved respectively by the central competentauthorities and the local competent authorities (or departments). If itemsabove the norm examined and approved by the central competent authoritiesneed to be recommended as substitutes for similar imported products, thematter shall be examined and approved by the State Planning Commission;and the items below the norm examined and approved by the local competentauthorities (or departments) need to be recommended as substitutes forsimilar imported products, the matter shall be examined and approved bythe local planning commissions or departments on their ticle 6Import substitution to be effected in the items above the norm to beexamined and approved by the State Economic Planning Commission:(1) of the goods which have been included in the Central Government'smedium-and long-term import plans approved by the State, except those onwhich long-term import agreements have been concluded with foreigncountries, substitution for imports shall be approved in advance withinthe Central Government's import plans if it is still possible that some ofthe goods to be imported can be substituted with domestically -manufactured products when the feasibility study reports are examined andapproved;(2) substitution for goods which have not been included in the CentralGovernment's medium-and long-term import plans shall, in principle, not beapproved in advance. However, the enterprises may apply to the StatePlanning Commission for using their products as substitutes for similarimported products if such goods have been included in the CentralGovernment's annual import plans and are available for substitution withhome-made similar products. Once the applications are approved, theMinistry of Foreign Economic Relations and Trade shall handle theprocedures for substituting home-made product for similar importedproducts for the current year;(3) with respect to those commodities which have not been included in theCentral Government's long-term, medium-term and annual import plans, ifthey are to be imported by the local governments in the current year, theenterprises may make an application to the local planning commission; uponapproval, the local department of foreign economic relations and tradeshall handle the procedures for using their products as substitutes forsimilar imported ticle 7Import substitution to be effected in the items below the norm to beexamined and approved by the local competent authorities (or departments):(1) of the commodities which have already been included in the long-term,medium-term and annual import plans of the province, autonomous region, ormunicipality directly under the Central Government, if there are someavailable for being replaced by home-made products, they may, within theperiod for executing the locality's import plan, be approved in advance bythe planning commission of the province, autonomous region, ormunicipality directly under the Central Government with reference to theexamining and approving procedures adopted by the central competentauthorities, and the aforesaid planning commission shall also handle,within the aforesaid period, the procedures for using the home-madeproducts mentioned above as substitutes for similar imported commodities;(2) with respect to those commodities which have not been included in thelocalities' long-term, medium-term and annual import plans, but they areto be imported by the local area or by some other areas, a transregionaloperation may be conducted for using home-made products as substitutes forsimilar imported commodities. The enterprises may make an applicationdirectly to the planning commission of the province, autonomous region, ormunicipality directly under the Central Government that undertakes theimport of the aforesaid commodities; after they have obtained theapproval, the department of foreign economic relations and trade of theaforesaid province, autonomous region, or municipality directly under theCentral Government shall handle the procedures for using their products assubstitutes for similar imported commodities:(3) with respect to the commodities to be imported by some departmentswith the foreign exchange in their possession, the enterprises may make anapplication directly to these departments; after they have obtained theconsent of the departments, they shall go through the procedures for usingtheir own products as substitutes for similar commodities to be ticle 8With respect to the aforesaid products which are to be used as substitutesfor similar imported commodities as examined and approved by the planningcommission of the central competent authorities or of the local competentauthorities (or by local departments), if these products belong to the lotof products which are to be approved in advance within the long-andmedium-term plans, they shall be further verified and confirmed in theannual plan in accordance with the actual situation of the execution ofthe import plan in the current e products which have been approved as substitutes for similar importedproducts shall, under equal conditions (with similar importedcommodities), be given priority of being selected for use by e competent departments for imports administration and the examining andapproving departments for imports at various levels shall guide andencourage domestic users to give priority to the purchase of the productswhich are manufactured by the joint ventures and contractual ventures andare in conformity with the conditions of products used as substitutes forsimilar imported ticle 9When domestic users purchase products which have been approved assubstitutes for similar imported products, the payment for such productsshall be made wholly or partially in foreign exchange to the jointventures and contractual ventures in accordance with the terms agreed uponby both parties and subject to the approval of the State administrativedepartment of foreign exchange ticle 10With respect to machinery and electrical products used as substitutes forsimilar imported products, the State Economic Commission shall formulateand publish a catalogue of products used as substitutes for similarimported products and also the procedures for the administration ofsubstitution of home-made products for similar imported goods, therebydirecting the domestic users to give priority to the purchase of theproducts included in the aforesaid e joint ventures and contractual ventures which manufacture the productsincluded in the aforesaid catalogue may participate in the open tender forimported machinery and electrical equipment conducted by the China BiddingCenter for Machinery and Electrical Equipment (or by other biddingagencies authorized by the State Economic Commission); the Center shallissue a certificate to the enterprise which has won the tender, therebyrealizing the substitution of home-made products for similar ticle 11The joint ventures and contractual ventures shall, in accordance with theprovisions of Article 4 of the Measures of the Ministry of ForeignEconomic Relations and Trade Concerning the Application by Enterpriseswith Foreign Investment for the Export Licence, go through the proceduresfor the importation of raw materials and component parts needed in themanufacture of products used as substitutes for similar imported goods;when the aforesaid products are supplied to domestic users, thetransaction shall be handled in accordance with the provisions of Article5 of the Measures of the General Customs Administration of the People'sRepublic of China Concerning the Importation of Raw Materials andComponent Parts Needed by Enterprises with Foreign Investment to ExecuteTheir Products Export ticle 12The joint ventures and contractual ventures which have obtained theapproval to use their products as substitutes for similar imported goodsmust fulfil the following requirements:(1) strictly fulfil the requirements for the export proportion stipulatedin the contract and the rate of progress for the replacement of importedproducts with home-made ones;(2) strive to maintain the advanced level of the technical performance andquality of their products;(3) deliver their products in accordance with the quantity and schedulestipulated in the contract; in the event that the users suffer economiclosses caused by problems relating to the time of delivery, the quantityof products delivered, and the quality of products, they shall bear thecorresponding economic liabilities;(4) provide high-quality service to the ticle 13Once the products manufactured by the joint ventures and contractualventures have been approved as substitutes for similar imported goods,they shall not be included again in the State plan for the distribution ofgoods and materials produced ticle 14The right to interpret these Measures shall reside in the State ticle 15These Measures shall go into effect as of the date of pendix: Catalogue of commodities which can be replaced by home-madeproducts as included in the central government's import plan to beexecuted during the "Seventh Five-Year Plan":(1) steel products (2) pig iron(3) timber (4) copper(5) aluminium (6) zinc(7) rubber (8) chemical fertilizers(9) wood pulp (10) poly acrylonitrile fibre(11)polyamide fibre (12) artificial silk