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| Sichuan Provincial Regulations on the Protection of Rights and Interests of Enterprises and Non-Enterprise Entities Rela |
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(Adopted at the 20th Session of the Standing Committee of the Eighth People’s Congress of Sichuan Province on April 16, 1996 and amended at the 30th Session of the Standing Committee of the Eighth People’s Congress of Sichuan Province on December 27, 1997)
Article 1 These Regulations are formulated in accordance with the provisions of the Law of the People’s Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese and relevant laws and rules, in light of the specific conditions of Sichuan Province, and with a view to encouraging returned overseas Chinese and the family members of overseas Chinese to set up enterprises and non-enterprise entities and protecting their lawful rights and interests.
Article 2 Enterprises and non-enterprise entities related with returned overseas Chinese and the family members of overseas Chinese in these Regulations refer to economic entities in the form of wholly-owned enterprise, joint-venture or joint operation, and non-enterprise entities on their own earnings and expenditures, set up by returned overseas Chinese and the family members of overseas Chinese using foreign fund or private fund. Such enterprises and non-enterprise entities shall meet one of the following conditions:
a) foreign fund accounting for over 20% (20% included) of the registered capital of the enterprises or establishments;
b) private fund accounting for over 50% (50% included) of the registered capital of the enterprises or establishments; or
c) the number of returned overseas Chinese and the family members of overseas Chinese in the enterprises or establishments accounting for over 20% (20% included) of the total number of people engaged in the enterprises or establishments.
Article 3 Enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese shall be confirmed by the offices of overseas Chinese affairs of people’s governments above county level.
Article 4 Enterprises and non-enterprise entities applying to be confirmed as set up by returned overseas Chinese and the family members of overseas Chinese shall submit the following documents and certifications to the confirming agencies:
a) letter of application for confirming enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese;
b) investors and employees’ Certificates of Overseas Chinese and Hong Kong and Macau Compatriots and their Family Members;
c) copy of the business license or approval letter of the enterprises and non-enterprise entities involved; and
d) capital verification documents.
The confirming agencies shall make decisions of confirmation or denial within 15 days from the day of reception of the above documents and certifications. Confirmation certificates shall be issued to the enterprises and non-enterprise entities that are confirmed to be the ones set up by returned overseas Chinese and the family members of overseas Chinese. Written reply shall be given to the enterprises and non-enterprise entities that are denied to be the ones set up by returned overseas Chinese and the family members of overseas Chinese.
Enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese shall submit the Confirmation Certificate to the original issuing agencies for examination on a regular basis. The issuing agencies shall rescind the Certificates of those enterprises and non-enterprise entities that fail to meet the conditions for being enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese. The issuing agencies shall disqualify those enterprises and non-enterprise entities that fail to submit the Certificate for examination. The issuing agencies shall notify relevant departments of such rescissions of the Certificate or disqualification.
Article 5 People’s governments at various levels shall support and give physical or moral awards to returned overseas Chinese and the family members of overseas Chinese who Ping in foreign fund to set up public welfare establishments in Sichuan Province in accordance with relevant provisions. Their lawful rights and interests shall be protected by law.
Article 6 Upon the approval by competent departments of construction administration of cities, municipalities and autonomous prefectures, urban construction support fee may be reduced for the land for production and office of enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese. Upon approval by the land administrations and taxation administrations above county level, land use tax and site use fee may be reduced or exempted for those enterprises and non-enterprise entities which are confirmed by relevant competent departments as export-oriented or technically-advanced, by reference to relevant provisions in the Regulations of Sichuan Province on Encouraging Foreign Investment.
Article 7 Upon verification and approval by local taxation administrations above county level, local income tax may be reduced or exempted for enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese, by reference to relevant provisions for foreign-invested enterprises. Specific implementation measures are to be formulated by local taxation administrations of Sichuan Province.
Article 8 Donations for public welfare or relief made by enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese equivalent to 3% of the annual taxable income shall be deducted when calculating income tax.
Article 9 Materials for science and education purpose and for the disabled contributed by relatives and friends outside China of returned overseas Chinese and the family members of overseas Chinese shall enjoy preferential treatment of duty reduction or exemption in accordance with relevant provisions of the State. Nobody may change the use of the contributed materials without authorization, or damage the marks for contributed materials on purpose, or seize the contributed property.
Article 10 Nationalization or expropriation does not apply to enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese. In the case of special circumstances, if social and public interest necessitates expropriation of such enterprises and non-enterprise entities, the expropriation shall be approved by the people’ government of Sichuan Province, and corresponding compensation shall be made to such enterprises and non-enterprise entities for the expropriated property upon evaluation by appraisal agencies.
Article 11 In the case that national construction necessitates the removal of the production and business sites and buildings with property ownership of enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese, the removing unit shall acquire removal permits issued by competent departments of removal administration above county level, and sign agreements of compensation and resettlement with, make corresponding compensation and arrange resettlement to the enterprises and non-enterprise entities involved in accordance with relevant laws and rules and adhering to the principle of ensuring the sustained operation of such enterprises and non-enterprise entities.
In the case of production suspension caused by the removal, the removing unit shall make compensation for the economic losses of the enterprises and non-enterprise entities to be removed and grant removal fees.
Article 12 The invested or acquired property, or the profit from investment or other lawful rights and interests of enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese shall be protected by State laws. No organization or person may seize or jeopardize such property, profit or rights and interests, or interfere with the freedom of operation and management of such enterprises and non-enterprise entities. No organization or person may impose any unreasonable fees or fines on or force donation by such enterprises and non-enterprise entities, save from the items of fees and standards of fines provided by laws, rules and Sichuan Provincial Government.
Article 13 Private-owned enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese, or the shares of enterprises and non-enterprise entities owned by returned overseas Chinese and the family members of overseas Chinese may be inherited or transferred in accordance with law. The transferee may undergo confirmation procedures upon transfer, provided that the provisions of Article 2 and Article 22 of these Regulations are complied.
Article 14 The names of enterprises and non-enterprise entities that are not classified as enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese may not be headed with the words “Overseas Chinese”. If the heading “Overseas Chinese” of such enterprises has been registered with administrations of industry and commerce, the heading shall be altered, and such non-enterprise entities shall be sorted out by competent authorities and the names of such non-enterprise entities shall be altered, except as otherwise provided by the State .
Article 15 The lawful rights and interests of industrial or regional associations formed by enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese in accordance with relevant provisions in the Regulations on Registration and Administration of Social Organizations shall be protected by law, provided that their activities are organized in accordance with laws, rules and their Articles of Association.
Article 16 Enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese shall protect the lawful rights and interests of the employees, establish trade unions in accordance with the Law of Trade Unions of the People’s Republic of China and the Implementation Measures of Sichuan Province on the Law of Trade Unions of the People’s Republic of China, and produce necessary conditions for the operation of the trade unions.
Article 17 Enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese shall carry out legal production and operation and may not jeopardize national interests and other social interests.
Article 18 In the case of infringements on the lawful rights and interests of enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese or civil disputes involving such enterprises and non-enterprise entities, such enterprises and non-enterprise entities may institute complaints to relevant authorities in light of different circumstances and in accordance with the General Principles of the Civil Law of the People’s Republic of China, the Administrative Procedure Law of the People’s Republic of China, the Law of the People’s Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese and other laws and rules. Upon reception of such complaints, the competent authorities shall deal with the complaints by the procedures and within the time limits provided by laws and rules.
Article 19 Upon verification, the issuing agencies shall confiscate the certificates of enterprises or organizations that counterfeited or acquired by fraud Confirmation Certificates for enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese and have enjoyed preferential treatments, and relevant authorities shall expropriate the illegal proceeds of such enterprises or organizations. In the event that the operators commit the unfair competition acts listed by these Regulations, illegal proceeds can hardly be identified resulting from the operators’ failure to provide relevant materials truthfully, and no rectifications are made after instructions, the supervision and inspection agencies may impose a fine of more than 1,000 RMB and less than 200,000 RMB in light of the circumstances. If crimes are constituted, judicial agencies shall investigate into the criminal responsibility of the responsible persons in accordance with law.
The certificate-issuing officials liable for negligence of duty or dereliction of duty shall be given administrative penalties. In the event that significant economic losses are caused and crimes are constituted, judicial agencies shall investigate into the criminal responsibility of the responsible persons in accordance with law.
Article 20 Competent authorities shall give criticisms and instructions to organizations or directly-responsible persons in violation of these Regulations, order the cease of infringements or give administrative penalties in light of the circumstances and in accordance with relevant laws and rules. Compensation shall be made for economic losses caused. If crimes are constituted, judicial agencies shall investigate into the criminal responsibility of the responsible persons in accordance with law.
Article 21 People’s governments at various levels and their functional departments shall make efforts with the administration of enterprises and non-enterprise entities set up by returned overseas Chinese and the family members of overseas Chinese and offer related service to such enterprises and non-enterprise entities.
Article 22 These Regulations apply to enterprises and non-enterprise entities set up by Hong Kong and Macau compatriots and their family members or federations of returned overseas Chinese at various levels in Sichuan Province that meet the conditions in Article 2 of these Regulations.
Enterprises and non-enterprise entities invested and set up in Sichuan Province by returned overseas Chinese and the family members of overseas Chinese of other provinces, autonomous regions and municipalities that meet the conditions in Article 2 of these Regulations shall enjoy the treatments provided in these Regulations.
Article 23 Specific issues in the implementation of these Regulations are to be interpreted by the office of overseas Chinese affairs of the Sichuan Provincial Government.
Article 24 These Regulations shall take effect as of August 1, 1996.
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