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	REGULATION ON THE ESTABLISHMENT OF CHAMBERS OF COMMERCE (ASSOCIATIONS) OF OVERSEAS SINO-FUNDED ENTERPRISES (TRIAL)

	(Notice of the Ministry of Foreign Trade and Economic Cooperation on Printing and Distributing the Interim Regulation on the Establishment of Chambers of Commerce (Associations) of Overseas Sino-funded Enterprises (No. 101 (2002) of the Ministry of Foreign Trade and Economic Cooperation) , March 12, 2002: With the gradual implementation of the "going out" strategy, the investments made and the enterprises established abroad by the enterprises of our country have increased year by year. In some regions where sino-funded enterprises are relatively concentrated, a number of chambers of commerce, associations and other self-discipline organizations have been established one after another by overseas sino-funded enterprises. In order to make clear the principle on establishing this kind of chambers of commerce and associations, standardize the procedures for the establishment of them, the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as MOFTEC) has formulated the Interim Regulation on the Establishment of Chambers of Commerce (Associations) of Overseas Sino-funded Enterprises. It is hereby printed and distributed to you, please abide by and implement it. As for any problems, opinions and suggestions occurring in the implementation, please report them to the MOFTEC (Department of Cooperation) in time)


SUBJECT : TRADE UNION; CHAMBERS OF COMMERCE (ASSOCIATIONS); OVERSEAS SINO-FUNDED ENTERPRISES; ESTABLISHMENT
ISSUING DEPARTMENT : MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION OF THE PEOPLE'S REPUBLIC OF CHINA (DISSOLVED)
ISSUE DATE : 03/12/2002
IMPLEMENT DATE : 03/12/2002
LENGTH : 891 words
TEXT :

TABLE OF CONTENTS

CHAPTER I DEFINITION OF THE CHAMBERS OF COMMERCE (ASSOCIATIONS) OF OVERSEAS SINO-FUNDED ENTERPRISES
CHAPTER II AIMS OF A CHAMBER OF COMMERCE (ASSOCIATION)
CHAPTER III ESTABLISHMENT OF A CHAMBER OF COMMERCE (ASSOCIATION) OF OVERSEAS SINO-FUNDED ENTERPRISES
CHAPTER IV DUTIES OF A CHAMBER OF COMMERCE (ASSOCIATION) OF OVERSEAS SINO-FUNDED ENTERPRISES
CHAPTER V ORGANIZATIONS AND INSTITUTIONS
CHAPTER VI SOURCES OF FUNDS
CHAPTER VII WORKING REPORTS
CHAPTER VIII OTHER

The present Regulation is formulated to promote the sound development of overseas sino-funded enterprises, and to safeguard the legitimate interests and rights of the overseas sino-funded enterprises.

CHAPTER I DEFINITION OF THE CHAMBERS OF COMMERCE (ASSOCIATIONS) OF OVERSEAS SINO-FUNDED ENTERPRISES

A chamber of commerce (association) of overseas sino-funded enterprises refers to a self-discipline organization promoted by the overseas sino-funded enterprises or institutions upon the approval or registration of the MOFTEC, and registered and established in the place where the overseas sino-funded enterprises or institutions are located.

CHAPTER II AIMS OF A CHAMBER OF COMMERCE (ASSOCIATION)

The aims are as follows:

(1) Promoting the contacts and communications among the overseas sino-funded enterprises;

(2) Enhancing the understanding and communications between sino-funded enterprises and local business circles;

(3) Improving the economic cooperation with the country where it is located and safeguard the legitimate rights and interests of sino-funded enterprises; and

(4) Offering guidance to and coordinating the lawful operations and fair competition of sino-funded enterprises, to help the sino-funded enterprises to solve serious operating issues and to negotiate with foreign parties concerned on behalf of its members.

CHAPTER III ESTABLISHMENT OF A CHAMBER OF COMMERCE (ASSOCIATION) OF OVERSEAS SINO-FUNDED ENTERPRISES

(1) Before a chamber of commerce (association) is established, the following documents shall be submitted to the MOFTEC for archival purposes via the economic and commercial counsellor's office of the embassy or the section of the consulate based abroad:
(a) Articles of incorporation;
(b) The name list of the chairman and members of the executive council;
(c) The name list of the members;
(d) Preparatory establishment plan.

The Ministry of Foreign Trade and Economic Cooperation shall give a reply to the applicant within 15 days after it receives the above-mentioned documents.

(2) Upon approval and record of the MOFTEC, a chamber of commerce (association) of the overseas sino-funded enterprises shall, in accordance with the law, be registered in the country where it is located. It shall abide by the law and regulations, and shall not aim at making profits.

CHAPTER IV DUTIES OF A CHAMBER OF COMMERCE (ASSOCIATION) OF OVERSEAS SINO-FUNDED ENTERPRISES

Duties of a chamber of commerce (association) of overseas sino-funded enterprises are as follows:

(1) Offering to its members the information of the relevant policies, regulations of the country
where it is located, the market information and other information, providing consultation services, organizing communication and cooperation between its members and the country where it is located, and helping its members to expand their business operations;

(2) Under the guidance of the economic and commercial counsellor's offices of the embassy or section of the consulate based abroad, negotiating with the foreign parties concerned on the economic and business matters on behalf of its members;

(3) Strengthening the communication among the members, organizing the relevant activities regularly, and facilitating the information and experience communication among the members;

(4) Coordinating the operation acts among the members and conducting the interior coordination on their common concerned issues of market, customers, price and quality;

(5) Reporting the issues occurring in the work to the economic and commercial counsellor's office of the embassy or the section of the consulate based abroad in time and to put forward advice and suggestions;

(6) Urging the enterprises and institutions established abroad without the approval of the domestic administrative departments to make up the relevant procedures; and

(7) Urging the member enterprises to abide by the law of the country where they are located.

CHAPTER V ORGANIZATIONS AND INSTITUTIONS

The organizations and institutions shall be: the general members' meeting, the executive council, the chairman and the secretary of the executive council and the like. The general members' meeting shall be responsible for the adoption of the statute of the chamber of commerce (association) and the elections of the chairman, the members and the secretary of the executive council. The chairman and the members of the executive council shall be from the sino-funded enterprises or institutions lawfully registered in the country where they are located upon the formal approval of and with the approval certificate of the MOFCOM. The work of any chamber of commerce (association) of overseas sino-funded enterprises shall be under the leadership of our embassy based abroad and be carried out under the guidance of the economic and commercial counsellor's offices of the embassy or section of the consulate based abroad.

CHAPTER VI SOURCES OF FUNDS

The funds of a chamber of commerce (association) of overseas sino-funded enterprises shall be the membership fee paid by the members, annual membership fee, various forms of donations and service charges, and other incomes permitted by the country where it is located. The uses of the funds shall be restricted to those in line with the aims of the chamber of commerce (association).

CHAPTER VII WORKING REPORTS

A chamber of commerce (association) of overseas sino-funded enterprises shall hold general members' meetings regularly. The summary of each general members' meeting and the annual work summary shall be copied and submitted to the economic and commercial counsellor's offices of the embassy or section of the consulate based abroad (Department of Cooperation, Department of Region).

CHAPTER VIII OTHER

For the establishment of any sodality of overseas sino-funded enterprises and other self-discipline enterprise institutions of non-corporation legal persons, the present Regulation shall be referred to. The present Measures shall be implemented from the day when it is promulgated.