法律法規/國務院行政法規庫/國務院批轉商業部、經貿部、物資部關於進一步清理整頓各類商業批發公司、對外經濟貿易
【標題】：國務院批轉商業部、經貿部、物資部關於進一步清理整頓各類商業批發公司、對外經濟貿易公司、物資公司意見的通知(附英文)
【頒佈方】：國務院
【頒佈日期】：19891018
【實施日期】：19891018
【類別】：國務院行政法規庫
【內容】：業于整文部進經易部附頓濟公轉商易發務司業意意類轉理國易批批於部批批附理關發文、進清英商業業、類商司、經類司資頓濟進通知根據中共中央、國務院《關於進一步清理整頓公司的決定》的要求，現將商業部、經貿部、物資部關於進一步清理整頓各類商業批發公司、對外經濟貿易公司、物資公司的意見發給你們，請遵照執行。
商業部關於進一步清理整頓各類商業批發公司的意見（略）
附件：對外經濟貿易部關於進一步清理整頓各類對外經濟貿易公司的意見根據《中共中央、國務院關於進一步清理整頓公司的決定》，在貫徹《國務院關於清理整頓各類對外經濟貿易公司的通知》的基礎上，現對進一步清理整頓各類對外經濟貿易公司（以下簡稱對外經貿公司）提出以下意見：一、各省、自治區、直轄市、計畫單列市（以下簡稱各地方）和中央國家機關各部門所屬的各級各類對外經貿公司，都必須嚴格進行清理整頓。對那些不符合條件的各級各類對外經貿公司，要嚴格按照全國清理整頓公司領導小組《關於中央國家機關各部門所屬公司撤銷、合併的意見》的規定，堅決撤銷、合併或取消進出口經營權。清理整頓的重點是１９８８年以來新成立的各級各類外貿公司；清理整頓後，個別確需保留的，要嚴格按照經貿部規定的設置外貿企業應具備的六項條件報經貿部重新審定。
二、有下列情況之一的，也要堅決予以撤銷、合併或取消其進出口經營權：（一）不到中國銀行或國家外匯管理局指定的其他銀行結匯，嚴重逃匯的；（二）與境外商人勾結，協助其在內地直接收購出口商品或辦理出口業務，協助其逃匯的；（三）在同一部門或同一地區，凡主管業務相同或相近，重複設置的；（四）無對外經營條件或缺乏外銷管道，而主要委託其他公司出口的；（五）地方外貿公司在省（自治區、直轄市）外設立的經營進出口業務的分支機搆；（六）各地方所屬綜合外貿公司設立的有進出口經營權的二、三級公司。
三、經嚴格清理整頓後，各級各類外貿公司按下列規定設置：（一）除經貿部以外，中央各部門所屬外貿公司，可根據需要保留一家，個別部門確需按產品專業設置的，由經貿部另行審定，其他的一律撤銷、合併或取消進出口經營權。（二）省（自治區、直轄市）屬綜合外貿公司只保留一至二家，其他的一律撤銷、合併或取消進出口經營權。（三）
已有進出口經營權的地區（含地級市，下同）只保留確實需要又具備條件的一至二家外貿公司的進出口經營權，其他的予以撤銷、合併或取消進出口經營權（廣東、福建兩省１９８７年年底以前設立的除外）。（四）經過國務院批准的經濟技術開發區，只保留一家有進出口經營權的外貿公司，其他的予以撤銷、合併或取消進出口經營權。（五）取消縣（含縣級市，下同）所屬外貿公司進出口經營權（廣東、福建兩省１９８７年年底前設立的除外）。個別具備條件的，只經營有出口發展前途的本縣特產的第三類出口商品，確需保留其進出口經營權的公司，須報經貿部批准。（六）各省、自治區、直轄市、計畫單列市以及經濟特區所屬經營對蘇聯、東歐等國家易貨貿易的外貿公司，允許保留一至二家，其他的一律撤銷、合併或取消其易貨貿易權。（七）經國務院批准開設口岸的邊境毗鄰縣所屬經營邊境小額易貨貿易的公司，允許保留一家，如口岸縣不具備條件，可在口岸上屬州（或地區、市）保留一家，其他的一律撤銷、合併或取消其邊境小額易貨貿易經營權。
四、未經國務院或經貿部批准設立的國際經濟技術合作公司一律撤銷。對已經國務院或經貿部批准的國際經濟技術合作公司（含與蘇聯、東歐等國家開展經濟技術合作業務的公司），以及擴大對外經濟技術合作業務或試點經營第三類出口商品業務的國際經濟技術合作公司，各地方、各部門按照經貿部制定的組建這類公司應具備的七項條件，嚴格清理整頓後，報經貿部重新審定。
五、要重新核定各級各類外貿公司的業務範圍。國家規定的第一類出口商品，由國家指定的外貿、工貿進出口總公司及直屬的分公司、子公司按批准的範圍經營，並承擔國家下達的出口計畫和上繳中央外匯任務。其他外貿企業一律不得經營第一類出口商品，如有違反，將其出口收匯全部沒收，上繳中央，並追究領導者的責任。要嚴格控制外貿企業經營第二類出口商品的業務範圍。中央各部門所屬的外貿公司按經貿部批准的經營範圍經營本系統產品或按批准的經營範圍經營第二、三類出口商品；省（自治區、直轄市）屬專業外貿公司按核定的經營範圍經營第二、三類出口商品；省（自治區、直轄市）屬綜合外貿公司保留進出口經營權的地區所屬外貿公司以及經濟技術開發區的外貿公司，只允許經營第三類出口商品。經營第二、三類商品的各類外貿企業，都要承擔中央或地方的出口計畫和上繳外匯任務。各級各類外貿企業的進口業務，按照經貿部批准的進口商品經營範圍和現行有關規定執行。
六、各地方、各部門經過這次清理整頓以後保留的對外經貿公司及其經營範圍，報經貿部審批；廣東、福建兩省審批成立的各級各類對外經貿公司經過清理整頓後的撤銷、合併方案，也要報經貿部審批。審定保留的對外經貿公司，憑經貿部頒發的審定證書報工商行政管理部門核准，辦理註冊登記手續。海南省及各級經濟特區的各級各類對外經貿公司，按照有關規定和統一部署進行清理整頓。清理整頓後保留下來的各級各類對外經貿公司，由其對管部門報經貿部備案。如發現有不符合上述規定的公司，經貿部有權撤銷，或取消其對外經營權，或調整其經營範圍。
七、根據中共中央、國務院有關從國務院到各級政府今後原則上不再直接管理公司的決定，各級各類對外經貿公司和主要經營進出口業務的公司，統一歸口由經貿部及各級地方對外經貿主管部門按照國家統一政策，從行業或業務上進行領導和管理。
八、在清理整頓公司工作結束以後，各地方技術比較密集的大中型生產企業和緊密型企業集團自營本企業產品有關的進出口業務，由各地方對外經貿主管部門審批後報經貿部備案；如發現已批准的生產企業或企業集團不具備經營進出口業務條件的，經貿部有權否決。全國性和跨省的企業集團申請經營進出口業務的，要報經貿部審批。物資部關於進一
步清理整頓各類物資公司的意見（略）
【名稱】 circular of the state council concerning the approval and tra
ns-mission of the suggestions of the ministry of commerce, the ministry of
foreign economic relations and trade, and the ministry of materialsup
plies regarding the further checking up and rectification of varioustypes
of com
【題注】
important notice: (注意事項)
英文本源自中華人民共和國務院法制局編譯, 中國法制出版社出版的《中華人民
共和國涉外法規彙編》(1991年7月版).
當發生歧意時, 應以法律法規頒佈單位發佈的中文原文為准.
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 (法規全文)
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 pertinent 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)
【時效】：
【序號】：2689