国务院办公厅转发外国投资管理委员会关于执行《中华人民共和国国务院关于管理外国企业常驻代表机构的暂行规定》中若干问题的说明的通知
＜山西省新绛县＞
Circular of the General Office of the State Council Concerning the Transmission of a Clarification Submitted by the Commission for the Administration of Foreign Investments on Several Questions on the Implementation of Interim Provisions of the State Council of the People’s republic of China on the Administration of Resident Representative Offices of Foreign Enterprises
外国投资管理委员会关于执行《中华人民共和国国务院关于管理外国企业常驻代表机构的暂行规定》中若干问题的说明，已经国务院批准，现转发给你们，请参照执行。
＜山西省新绛县＞
The clarification submitted by the Commission for the Administration of Foreign Investments on several questions on the implementation of "Interim Provisions of the State Council of the People’s Republic of China Governing Resident Representative Offices of Foreign Enterprises", has been approved by the State Council and is hereby transmitted to you, and you are requested to implement it accordingly.
外国投资管理委员会关于执行《中华人民共和国国务院关于管理外国企业常驻代表机构的暂行规定》中若干问题的说明
＜山西省新绛县＞
Appendix: A CLARIFICATION OF THE COMMISSION FOR THE ADMINISTRATION OF FOREIGN INVESTMENTS ON SEVERAL QUESTIONS ON THE IMPLEMENTATION OF INTERIM PROVISIONS OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ADMINISTRATION OF RESIDENT REPRESENTATIVE OFFICES OF FOREIGN ENTERPRISES
《中华人民共和国国务院关于管理外国企业常驻代表机构的暂行规定》（以下简称《暂行规定》发布后，各审批单位依照《暂行规定》对申请设常驻代表机构的外商进行了审批工作，工商行政管理部门核准了登记，公安机关办理了居留手续，工作进展很快，对外国企业常驻代表机构的管理工作有所加强。
＜山西省新绛县＞
Since the promulgation of the "Interim Provisions of the State Council of the People’s Republic of China Governing Resident Representative Offices of Foreign Enterprises" (hereinafter referred to as the "Interim Provisions"), the various examining and approving units have, in accordance with the "Interim Provisions", examined and approved, the applications filed by foreign businessmen for the establishment of resident representative offices, the departments for the administration of industry and commerce have approved their registration, and the organs of public security have the performed residence procedures; work in this respect has made very good progress, and the administrative work concerning the resident representative offices of foreign enterprises has been strengthened to some extent.
但在执行中也遇到了一些问题，需要予以明确或说明。
＜山西省新绛县＞
However, in the course of implementing the "Interim Provisions", there still exist some questions which need to be defined more sharply or clarified.
现对《暂行规定》中若干问题说明如下。
＜山西省新绛县＞
Now, several questions concerning the implementation of the "Interim Provisions" are hereby clarified as follows:
一、《暂行规定》第一条中的“其它经济组织”是指从事经济、贸易、技术、金融业务活动，但又不称为公司、企业的组织，还包括如日中经济协会、日本国际贸易促进协会、美中贸易全国委员会、加中贸易理事会等非营利性的经济团体。
＜山西省新绛县＞
(1) "Other economic organizations", as mentioned in Article 1 of the "Interim Provisions", refer to those organizations which are engaged in economic, trade, technological or finance business activities but are not called companies or enterprises as such, and which also include such non-profit economic organizations as the Japanese-Chinese Economic Association, the Japanese Association for the Promotion of International Trade, the National Council for American-Chinese Trade Relations, and Council for Canadian-Chinese Trade Relations.
二、《暂行规定》第二条：“未经批准、登记的，不得开展常驻业务活动。”是指未经批准、登记的，不得以常驻机构人员的身份从事业务活动；并不准在住处设置外国公司、企业等任何标志。
＜山西省新绛县＞
(2) Article 2 of the "Interim Provisions", which reads: "Those who have not obtained approval or have not gone through the procedures for registration shall not be permitted to undertake business operations of resident offices", means that those who have not obtained approval or have not gone through the procedures for registration shall not be permitted to undertake business operations in the capacity of the staff of resident (representative) offices, and neither shall they be permitted to put up any sign at their residences that represents foreign companies or enterprises.
未经批准登记设立常驻代表机构，擅自以常驻机构人员的身份进行业务活动的，由工商行政管理部门通知其撤销机构并立即停止业务活动。
＜山西省新绛县＞
With respect to those who undertake unauthorized business operations in the capacity of the staff of resident (representative) offices without going through the proper approval registration procedures for setting up resident representative offices, the departments for the administration of industry and commerce shall notify the persons concerned to close down their resident offices and to stop their business operations forthwith.
三、《暂行规定》第三条中外国企业申请设常驻代表机构时应当提交的证件和材料，其中的申请书和授权书必须提交原件；其它证件可提交副本或影印件。
＜山西省新绛县＞
(3) With respect to the certifying documents and relevant materials to be presented by foreign enterprises when applying for the permission to set up resident representative offices as provided for in Article 3 of the "Interim Provisions", the written application and the vesting instrument must be presented in the original and the other certifying documents may be presented in duplicate or photo copies.
“金融机构出具的资本信用证明书”，如外商提交确有困难，可灵活掌握，改为近1年内外商与银行有业务往来的证明即可。
＜山西省新绛县＞
As regards "the certificates of creditworthiness issued by a financial institution", if a foreign businessman has difficulty providing one, flexibility may be exercised by requiring the foreign businessman concerned to present certifying documents indicating business transactions concluded between the foreign businessman and a bank within the preceding year instead.
非营利性外国经济团体申请设常驻代表机构时，对《暂行规定》第三条所要求提交的资本信用证明书可以免交。
＜山西省新绛县＞
When a non-profit foreign economic organization applies for the permission to set up its resident representative office, it may be exempt from presenting the certificate of creditworthiness required in Article 3 of the "Interim Provisions".
四、《暂行规定》第四条中的“其它行业”，是指外贸部、中国人民银行、交通部、民航总局批准范围以外的行业，如合作开发石油、煤炭等，按其业务性质，报国务院主管部门批准。
＜山西省新绛县＞
(4) "The other trades", as mentioned in Article 4 of the "Interim Provisions", refer to those trades such as cooperative exploitation of oil and coal resources and etc. which are beyond the approving authority of the Ministry of Foreign Trade, the People’s Bank of China, the Ministry of Communications, and the Civil Aviation Administration of China, and the parties concerned shall submit their applications to the competent departments concerned under the State Council for approval in light of the nature of their businesses.
同中国国际贸易促进委员会对口的外国非营利性经济团体申请设常驻代表机构，暂报外贸部审批。
＜山西省新绛县＞
With respect to those non-profit foreign economic organizations, which are the counterparts of the China Council for the Promotion of International Trade, their applications for the permission to set up resident representative offices shall, for the time being, be submitted to the Ministry of Foreign Trade for examination and approval.
外贸部在审批过程中要征求贸促会的意见。
＜山西省新绛县＞
In the course of examination and approval, the Ministry of Foreign Trade shall consult China Council for the Promotion of International Trade.
信托投资行业外商申请设常驻代表机构，暂报中国人民银行审批。
＜山西省新绛县＞
With respect to foreign businessmen in the trust and investment trade, their applications for the permission to set up resident representative offices shall, for the time being, be submitted to the People’s Bank of China for examination and approval. [1] [2] [3] 下一页 实践证明经常访问无忧英语教育网 www.51education.net ,能迅速提高你的英语学习能力!积沙成塔,不断提高! 本站所提供的所有信息仅供学校课堂教学及英语学习者学习研究之用，其著作权归原作者及媒体所有。
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