Circular of the Ministry of Foreign Trade and Economic Cooperation on Amendment, Printing and Promulgation of Implementing Measures on the Confirmation and Assessment of Exporting Enterprises and Technologically Advanced Enterprises with Foreign Investment

Circular of the Ministry of Foreign Trade and Economic Cooperation on Amendment, Printing and Promulgation of Implementing Measures on the Confirmation and Assessment of Exporting Enterprises and Technologically Advanced Enterprises with Foreign Investment

Wai Jing Mao Zi Fa [1996] No. 822

December 3, 1996

All ministries, commissions and institutions directly under the State Council, foreign trade and economic cooperation commissions (departments, bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan, Shenzhen foreign investment office, foreign trade and economic cooperation commissions (departments, bureaus) of Shenyang, Changchun, Nanjing, Guangzhou, Chengdu and Xi'an, Wuhan foreign investment office:

With a view to carrying out Provisions of the State Council on Encouraging Foreign Investment, we promulgated Implementing Measures on the Confirmation and Assessment of Exporting Enterprises and Technologically Advanced Enterprises with Foreign Investment and its supplemental regulations in 1987 and 1992. Since their implementation, those Measures have played an effective role on expanding the export of goods of foreign invested enterprises, introducing advanced technology, improving quality of products and regulating the confirmation and assessment work of exporting enterprises and technologically advanced foreign invested enterprises (hereinafter refer to as the "two types of enterprises"). But along with the rapid development of foreign investment business, the original Measures have failed to completely meet the requirements of the current situation. In order to further regulate the confirmation and assessment work of the "two types of enterprises" and strengthen the administration on them, we have made some amendments to these Measures.

We hereby print and distribute the amended Implementing Measures on the Confirmation and Assessment of Exporting Enterprises and Technologically Advanced Enterprises with Foreign Investment to you. In order to ensure the smooth implementation of new measures, the assessment in 1996 for the "two types of enterprises" confirmed prior to promulgation of the new Measures shall still apply according to the original Measures, as for those confirmed after the promulgation of the new Measures, the new Measures shall be complied with. As of the year 1997, all the assessment of the "two types of enterprises" shall follow the new Measures.

Attachment: Implementing Measures on the Confirmation and Assessment of Exporting Enterprises and Technologically Advanced Enterprises with Foreign Investment

According to Provisions of the State Council on Encouraging Foreign Investment (hereinafter refer to as the Provisions of the State Council), these Implementing Measures are formulated with a view to confirming and assessing exporting eterprises and tchnologically advanced enterprises with foreign investment (hereinafter refer to as the "two types of enterprises")

Article 1 Chinese-foreign joint venture management enterprises, Chinese-foreign cooperative joint venture enterprises and foreign invested enterprises (hereinafter refer to as the FIEs), which comply with the conditions specified in the Provisions of the State Council and these Implementing Measures concerning the "two types of enterprises", may enjoy the relevant preferential treatment regulated in the Provisions of the State Council after having been assessed and confirmed and having received certificates.

Article 2 The FIEs meeting the following conditions may be confirmed as exporting enterprises:
1.
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