Laws of the People's Republic of China

INTERIM PROVISIONS CONCERNING ADMINISTRATION OF
FOREIGN CHAMBERS OF COMMERCE

(Approved on April 28, 1989 by the 39th
Standing Meeting of the State Council)

SUBJECT: FOREIGN TRADE & ECONOMIC RELATIONS

ISSUING-DEPT: STATE COUNCIL OF CHINA

ISSUE-DATE: 04/28/1989

IMPLEMENT-DATE: 07/01/1989

LENGTH: 1088 words

TEXT:

[Article 1] These Provisions are hereby formulated to promote international trade, economic and technological exchange, strengthen administration of foreign chambers of commerce and protect their lawful rights and interests.

[Article 2] Foreign chambers of commerce referred to in these Provisions are any non-business and non-profit organizations established by foreign business institutions and individuals in China according to these Provisions.

The activities of foreign chambers of commerce shall fulfill the purpose of promoting trade, economic and technological exchange between their members and China, and provide their members with facilities for research and discussion of international trade, economic and technological exchange.

[Article 3] Foreign chambers of commerce must abide by laws and regulations of the People's Republic of China, and shall not harm national security and social public interests of China.

[Article 4] The following requirements must be satisfied for the establishment of a foreign chamber of commerce:

(1) Having a charter which reflects common will of members;

(2) Having certain number of founding members and persons in charge;

(3) Having a fixed place of business;

(4) Having lawful financial resources.

[Article 5] A foreign chamber of commerce shall be established according to its nationality.  It may have institutional and individual members.

Institutional members referred to in these Provisions are members who joined in a foreign chamber of commerce by using the names of their corporations.  Business institutions mean foreign representative offices or branches established in China by foreign corporations, enterprises and other economic organizations according to Chinese law.

Individual members referred to in these Provisions are foreign employees who work for foreign business institutions or foreign investment enterprises joining in a foreign chamber of commerce by using their personal names.

[Article 6] A foreign chamber of commerce shall be entitled with its country's name and put a word "China" together.

[Article 7] To establish a foreign chamber of commerce, the written application shall be submitted to the Ministry of Foreign Economic Relations and Trade through China International Chamber of Commerce for examination and approval.

The Ministry of Foreign Economic Relations and Trade shall complete approval procedures within 60 days of its receipt of the application documents.  The Ministry of Foreign Economic Relations and Trade shall issue an approval certificate if the requirements specified in Article 4 of these Provisions are satisfied.  If not, the application shall be rejected.

In case of special circumstances, the approval procedures can not be completed within specified period, the approval authority must give reasons.

[Article 8] The written application for the establishment of a foreign chamber of commerce must be signed by its founder and shall attach the following documents:

(1) Five copies of the charter of a foreign chamber of commerce which shall include the following information:

a.  name and address;

b.  structure of organization;

c.  names and status of chairman, vice-chairman and standing secretary;

d.  procedures for membership, and the rights and interests of its members;

e.  scope of activities;

f.  financial standing.

(2) Five copies of founding members' name list.  Institutional and individual members shall be listed separately.  The name list of institutional members shall include the name of business organization, address, scope of business and the name of person in charge; the name list of individual members shall include information about which foreign business institutions or foreign investment enterprises its members are working for, their positions, personal resumes or the statements of business activities engaged in the territory of China.

(3) Five copies of name list of chairman, vice-chairman and standing secretary and their resumes.

[Article 9] After approval by the Ministry of Foreign Economic Relations and Trade, a foreign chamber of commerce shall, according to these Provisions and other relevant laws and regulations, submit an approval certificate to the Ministry of Civil Affairs for registration.  Upon registration and obtaining a registration certificate, a foreign chamber of commerce shall be deemed as established.

[Article 10] A foreign chamber of commerce shall establish accounting book at its office place.  Membership fees and other fees according to the Charter of a foreign chamber of commerce shall be used for the activities stipulated in the Charter of a foreign chamber of commerce and shall not be paid to their members and remitted to abroad.

[Article 11] A foreign chamber of commerce shall submit its activities report of the previous year to the approval and registration authority through China International Chamber of Commerce in January of each year.

China International Chamber of Commerce shall provide consultancy and services for the activities of foreign chambers of commerce and for facilitating connections between foreign chambers of commerce and the competent Chinese authorities.

[Article 12] When a foreign chamber of commerce needs to modify its Charter, change its chairman, vice-chairman and standing secretary or change its office place, the foreign chamber of commerce shall, according to Articles 7, 8 and 9 of these Provisions, go through the procedures for examination, approval and registration

[Article 13] Foreign chambers of commerce shall accept supervision of the competent Chinese authorities.

In case of violation of these Provisions by any foreign chamber of commerce, the registration and administration authority has right to give warnings, penalties, terminate activities of a foreign chamber of commerce within a fixed time, revoke its registration and ban it a by formal decree.

[Article 14] When a foreign chamber of commerce is dissolved, it shall submit a report signed by its chairman and a certificate of clearing up debts to the registration and administration authority for cancelling registration and shall report to the examination and approval authority for the record.

After a foreign chamber of commerce handed in its registration certificate, its activities shall be stopped.

[Article 15] These Provisions shall come into force on July 1, 1989.