国务院批转商业部、经贸部、物资部关于进一步清理整顿各类商业批发公司、对外经济贸易公司、物资公司意见的通知（一九八九年十月十八日）

Circular of the State Council Concerning the Approval and Transmission 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)

根据中共中央、国务院《关于进一步清理整顿公司的决定》的要求，现将商业部、经贸部、物资部关于进一步清理整顿各类商业批发公司、对外经济贸易公司、物资公司的意见发给你们，请遵照执行。

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.

商业部关于进一步清理整顿各类商业批发公司的意见

SUGGESTIONS OF THE MINISTRY OF COMMERCE CONCERNING THE FURTHER CHECKING UP AND RECTIFICATION OF VARIOUS TYPES OF WHOLESALE COMMERCIAL COMPANIES (Omitted)

对外经济贸易部关于进一步清理整顿各类对外经济贸易公司的意见

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

根据《中共中央、国务院关于进一步清理整顿公司的决定》，在贯彻《国务院关于清理整顿各类对外经济贸易公司的通知》的基础上，现对进一步清理整顿各类对外经济贸易公司（以下简称对外经贸公司）提出以下意见：

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"):

一、各省、自治区、直辖市、计划单列市（以下简称各地方）和中央国家机关各部门所属的各级各类对外经贸公司，都必须严格进行清理整顿。

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.

对那些不符合条件的各级各类对外经贸公司，要严格按照全国清理整顿公司领导小组《关于中央国家机关各部门所属公司撤销、合并的意见》的规定，坚决撤销、合并或取消进出口经营权。

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.

清理整顿的重点是一九八八年以来新成立的的各级各类外贸公司；清理整顿后，个别确需保留的，要严格按照经贸部规定的设置外贸企业应具备的六项条件报经贸部重新审定。

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 re-examination and confirmation strictly in accordance with the six prerequisites for the establishment of foreign trade enterprises, as prescribed by the aforesaid Ministry.

二、有下列情况之一的，也要坚决予以撤销、合并或取消其进出口经营权：

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:

（一）不到中国银行或国家外汇管理局指定的其它银行结汇，严重逃汇的；

(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;

（二）与境外商人勾结，协助其在内地直接收购出口商品或办理出口业务，协助其逃汇的；

(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;

（三）在同一部门或同一地区，凡主营业务相同或相近，重复设置的；

(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;

（四）无对外经营条件或缺乏外销渠道，而主要委托其它公司出口的；

(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;

（五）地方外贸公司在省（自治区、直辖市）外设立的经营进出口业务的分支机构；

(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.

（六）各地方所属综合外贸公司设立的有进出口经营权的二、三级公司。

(6) sub-companies 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.

三、经严格清理整顿后，各级各类外贸公司按下列规定设置：

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:

（一）除经贸部以外，中央各部门所属外贸公司，可根据需要保留一家。

(1) With the exception or 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;

个别部门确需按产品专业设置的，由经贸部另行审定，其它的一律撤销、合并或取消进出口经营权。

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.

（二）省（自治区、直辖市）属综合外贸公司只保留一至二家，其它的一律撤销、合并或取消进出口经营权。

(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.

（三）已有进出口经营权的地区（含地级市，下同）只保留确实需要又具备条件的一至二家外贸公司的进出口经营权；

(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;

其它的予以撤销、合并或取消进出口经营权（广东、福建两省一九八七年处底以前设立的除外）。

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).

（四）经过国务院批准的经济技术开发区，只保留一家有进出口经营权的外贸公司，其它的予以撤销、合并或取消进出口经营权。

(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.

（五）取消县（含县级市，下同）所属外贸公司进出口经营权（广东、福建两省一九八七年年底以前设立的除外）。

(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).

个别具备条件的，只经营有出口发展前途的本县特产的第三类出口商品，确需保留其进出口经营权的公司，须报经贸部批准。

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.

（六）各省、自治区、直辖市、计划单列市以及经济特区所属经营对苏联、东欧等国家易货贸易的外贸公司，允许保留一至二家　，其它的一律撤销 、合并或取消其易货贸易权。

(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.

（七）经国务院批准开设口岸的边境毗邻县所属经营边境小额易货贸易的公司，允许保留一家；

(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;

如口岸县不具备条件，可在口岸上属州（或地区、市）保留一家，其它的一律撤销、合并或取消其边境小额易货贸易经营权。

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.

四、未经国务院或经贸部批准设立的国际经济技术合作公司一律撤销。

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.

对已经国务院或经贸部批准的国际经济技术合作公司（含与苏联、东欧等国家开展经济技术合作业务的公司），以及扩大对外经济技术合作业务或试点经营第三类出口商品业务的国际经济技术合作公司，

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,

各地方、各部门按照经贸部制定的组建这类公司应具备的七项条件，严格清理整顿后，报经贸部重新审定。

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.

五、要重新核定各级各类外贸公司的业务范围。

5. It is necessary to re-verify and confirm the business scope of foreign trade companies at various levels and of various types.

国家规定的第一类出口商品，由国家指定的外贸、工贸进出口总公司及直属的分公司、子公司按批准的范围经营，并承担国家下达的出口计划和上缴中央外汇任务。

The first category or 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.

其它外贸企业一律不得经营第一类出口商品，如有违反，将其出口收汇全部没收，上缴中央，并追究领导者的责任。

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.

要严格控制外贸企业经营第二类出口商品的业务范围。

A strict control should be exercised over the business scope of foreign trade companies for handling export commodities of the second category.

中央各部门所属的外贸公司按经贸部批准的经营范围经营本系统产品或按批准的经营范围经营第二、三类出口商品；

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;

省（自治区、直辖市）属综合外贸公司按核定的经营范围经营第二、三类出口商品；

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;

省（自治区、直辖市）属综合外贸公司和保留进出口经营权的地区所属外贸公司以及经济技术开发区的外贸公司，只允许经营第三类出口商品。

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.

经营第二、三类商品的各类外贸企业，都要承担中央或地方的出口计划和上缴外汇任务。

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.

各级各类外贸企业的进口业务，按照经贸部批准的进口商品经营范围和现行有关规定执行。

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.

六、各地方、各部门经过这次清理整顿以后保留的对外经贸公司及其经营范围，报经贸部审批；

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;

广东、福建两省审批成立的各级各类对外经贸公司经过清理整顿后的撤销，合并方案，也要报经贸部审批。

with respect to the foreign trade companies at various levels and of various types in Guangdong and Fuiian 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.

审定保留的对外经贸公司，凭经贸部颁发的审定证书报工商行政管理部门核准，办理注册登记手续。

The foreign trade companies that have been retained after verification and confirmation shall present the examination and confirmation certificate issued by the Ministry 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.

海南省及各经济特区的各级各类对外经贸公司，按照有关规定和统一部署进行清理整顿 。

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.

清理整顿后保留下来的各级各类对外经贸公司 ，由其对外经贸主管部门报经贸部备案。

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.

如发现有一符合上述规定的公司，经贸部有权撤销，或取消其对外经营权，或调整其经营范围。

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.

七、根据中共中央、国务院有关从国务院到各级政府今后原则上不再直接管理公司的决定，各级各类对外经贸公司和主要经营进出口业务的公司，统一归口同经贸部及各级地方对外经贸主管部门按照国家统一政策，从行业或业务上进行领导和管理。

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.

八、在清理整顿公司工作结束以后，各地方技术比较密集的大中型生产企业和紧密型企业集团自营本企业产品有关的进出口业务，由各地方对外经贸主管部门审批后报经贸部备案；

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;

如发现已批准的生产企业或企业集团不具备经营进出口业务条件的，经贸部有权否决。

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.

全国性和跨省的企业集团申请经营进出口业务的，要报经贸部审批。

An application, which is filed by a national or trans-provincial conglomerate for handling import and export business, shall be examined and approved by the Ministry of Foreign Economic Relations and Trade.

物资部关于进一步清理整顿各类物资公司的意见

SUGGESTIONS OF THE MINISTRY OF MATERIAL SUPPLIES CONCERNING THE FURTHER CHECKING UP AND RECTIFICATION OF VARIOUS TYPES OF MATERIAL SUPPLY COMPANIES (Omitted)

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