Laws of the People's Republic of China
[Database Search] [Name Search] [Noteup] [Help]
|Category||FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION||Organ of Promulgation||The State Council||Status of Effect||In Force|
|Date of Promulgation||1989-06-14||Effective Date||1989-07-01|
Interim Provisions for the Administration of Foreign Chambers of Commerce in China
Article 1 These Provisions are formulated with a view to promoting
international trade and economic and technological exchanges, strengthening
the administration of foreign chambers of commerce and protecting their
legitimate rights and interests.
Article 2 A foreign chamber of commerce in China refers to a
non-profit-making organization which is set up in accordance with these
Provisions within the Chinese territory by foreign commercial establishments
and personnel in the Chinese territory and does not engage in any business
The activities of foreign chambers of commerce in China shall be aimed at
promoting trade and economic and technological exchanges between their members
and Chinese counterparts and facilitating their research in and discussions
about the development of international trade and economic and technological
Article 3 Foreign chambers of commerce in China must abide by the laws
and regulations of the People's Republic of China and shall not jeopardize
the state security and social and public interests of China.
Article 4 For the setting up of a foreign chamber of commerce in China,
the following conditions shall be satisfied:
(1) articles of association reflecting the common will of the Chamber's
(2) a certain number of sponsoring members and responsible persons;
(3) premises as its permanent office; and
(4) lawful sources of funds.
Article 5 Foreign chambers of commerce in China shall be set up according
to their respective country origins and may have both group members and
Group members mean those which join the chamber in the name of commercial
establishments. Commercial establishments refer to representative offices or
branches set up in the Chinese territory according to law by foreign
companies, enterprises and other economic organizations.
Individual members mean those staff members of non-Chinese nationality
working in commercial establishments or enterprises with foreign investment
and join the chamber in their own names.
Article 6 The name of a foreign chamber of commerce in China shall be
preceded by the name of its own country plus the word "China".
Article 7 For the setting up of a foreign chamber of commerce in China, a
written application shall be submitted to the China Chamber of International
Commerce for further transmission to the Ministry of Foreign Economic
Relations and Trade of the People's.
Republic of China (hereinafter referred to as the examining authorities)
The examining authorities shall complete the examination within 60 days
after the date of receiving the written application and all the attached
papers. It shall issue an approval certificate if the conditions laid down in
Article 4 are satisfied or reject the application if the above-mentioned
conditions are not satisfied. The examining authorities shall give
explanations if it cannot complete the examination within the prescribed
time-limit on account of special circumstances.
Article 8 The written application for the setting up of a foreign chamber
of commerce in China shall be duly signed by the chief sponsor and accompanied
by the following papers:
(1) Articles of association of the chamber in quintuplicate, in which the
following items shall be included:
a. name and address;
b. organizational structure;
c. names and status of the Chairman, Vice-Chairmen and Managing Director;
d. procedure for the admission of members and their rights and
e. scope of activities; and
f. financial information.
(2) A list of the sponsoring members of the chamber in quintuplicate with
the group members and individual members listed separately. For each of the
group members, the name, address, business scope and names of the responsible
persons shall be indicated. For each of the individual members, the name of
the commercial establishment or enterprise with foreign investment for which
the individual member works, as well as his position and personal resume or
a brief account of his commercial activities in China shall be indicated.
(3) Name and resume of each of the Chairman, Vice-Chairmen and Managing
Director of the chamber in quintuplicate.
Article 9 After the application for the setting up of a foreign chamber
of commerce in China has been examined and approved by the examining
authorities, the chief sponsor shall, in accordance with the stipulations of
these Provisions and other relevant laws and regulations, submit the approval
certificate to the Ministry of Civil Affairs of the People's Republic of China
(hereinafter referred to as the registration authorities) for registration. A
foreign chamber of commerce in China is established at the time its
registration is accepted and a registration certificate is issued.
Article 10 A foreign chamber of commerce in China shall set up account
books in its office. Its membership fees and other funds obtained in
accordance with the stipulations of its Articles of Association shall be used
to cover the expenditures specified in its Articles of Association and shall
not, under any name, be used as payments to its members or remitted out of
the Chinese terntory.
Article 11 A foreign chamber of commerce in China shall submit in January
of every year a report on its activities in the previous year to the examining
authorities and the registration authorities through the China Chamber of
The China Chamber of International Commerce shall provide foreign chambers
of commerce in China with consultative and other services for their activities
and contacts with relevant Chinese authorities.
Article 12 When a foreign chamber of commerce in China needs to amend its
Articles of Association or replace its Chairman, Vice-Chairman, or
ManagingDirector or change the address of its premises, it shall apply for
examination and approval and register such changes in accordance with the
procedures laid down in Articles 7, 8 and 9.
Article 13 A foreign chamber of commerce in China shall subject itself to
the supervision of relevant Chinese authorities.
Should a foreign chamber of commerce in China violate these Provisions,
the registration authorities have the power to apply sanctions by imposing
a warning or ordering to ban it.
Article 14 When a foreign chamber of commerce in China is to be
dissolved, it shall submit an application duly signed by its Chairman
together with a certificate proving the completion of its liquidation to the
registration authorities for cancelling its registration and report to the
examining authorities for the record.
A foreign chamber of commerce in China shall stop any of its activities
as of the date when it returns its registration certificate to the
Article 15 These Provisions shall go into effect as of July 1, 1989.?