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Interim Provisions of the People's Government of Fujian Province on Selling Small Industrial Enterprises Owned by the Whole People to Foreign Merchants
Article 1 In order to implement the economic development strategy of coastal areas, accelerate the pace of reform and opening up in Fujian Province, and promote the transfer of property rights of small industrial enterprises owned by the whole people (hereinafter referred to as small enterprises), these Interim Provisions are formulated in accordance with the laws and regulations of People's Republic of China (PRC) and the actual situation of Fujian Province. Article 2 These Interim Provisions shall apply to all cities and counties in Fujian Province that sell small enterprises to foreign enterprises and other economic organizations or individuals, as well as compatriots in Taiwan Province Province, Hong Kong, Macao and overseas Chinese (hereinafter referred to as overseas Chinese businessmen). Article 3 The term "sale (or transfer or auction)" as mentioned in these Interim Provisions refers to the paid transfer of ownership of assets such as buildings, factories, machinery and equipment, hydropower facilities, industrial property rights and proprietary technology in the production area of small enterprises; The right to use state-owned land shall be paid for a limited period of time. Article 4 Small enterprises with clear and complete property rights that do not belong to the industrial scope where the establishment of foreign-invested enterprises is prohibited by the state and the scope of land acquisition and demolition in urban construction planning may be publicly sold to overseas merchants in accordance with these Interim Provisions. Article 5 The sale of small enterprises to overseas merchants shall be reported to the local municipal or county people's government for approval by the competent department according to the affiliation of the enterprises. Article 6 The sale of small enterprises to overseas merchants shall be conducted by public bidding, or through negotiation between buyers and sellers. Article 7. When buying or selling small enterprises, foreign investors shall submit an application form and relevant credit certificates to the local people's government. With the approval of the local people's government, the seller shall provide foreign merchants with relevant information about small enterprises and allow them to conduct field visits. Article 8 The municipal and county people's governments authorize the relevant departments to represent the state-owned assets management departments and be responsible for the specific work of selling small enterprises. Including asset verification and asset evaluation; Open tender or negotiation for sale; And sign a sales contract with the buyer. Article 9 Fixed assets sold to small enterprises shall be re-priced; The transfer of land use rights shall be handled in accordance with the relevant measures and regulations for the paid transfer and transfer of state-owned land in the country and the province; The transfer of industrial property rights and know-how can also be priced separately by the buyer and the seller after the sale is completed. Article 10 The preferential transaction price of small enterprises shall be converted into foreign currency according to the foreign exchange quotation published by the State Administration of Foreign Exchange. When purchasing small businesses, overseas merchants should pay in foreign currencies (including US dollars, British pounds, Japanese yen, Hong Kong dollars and other currencies convertible by domestic banks). Article 11 Foreign investors should pay the price in one lump sum when purchasing small enterprises. With the consent of the seller, payment can also be made by installments, but it should be guaranteed by other overseas merchants with economic repayment ability. The installment period is generally not more than two years, and some interest can be charged for the unpaid part. Article 12 When a small business is sold, the buyer and the seller shall sign a contract for the sale of small business and a contract for the transfer of the right to use state-owned land with the local land administration. The above contract must be notarized by the local notary office. Thirteenth foreign businessmen after the acquisition of small enterprises, should be in accordance with the "People's Republic of China (PRC) foreign-invested enterprises law" and the relevant provisions of this province, to the economic and trade departments to apply for the establishment of foreign-invested enterprises. Fourteenth small enterprises purchased by overseas merchants, the change of their property rights, the transfer or mortgage of land use rights within the validity period, etc. , in accordance with national and provincial laws and regulations on foreign-invested enterprises and land management laws and regulations. Article 15 After purchasing a small enterprise, overseas merchants may choose the employees and managers of the original enterprise according to their needs. The local labor department shall, jointly with the competent department of the enterprise, make proper arrangements according to the relevant provisions of the state and this province, and the local people's government shall actively assist in the adjustment work. Article 16 For the income from the sale of small enterprises, all necessary expenses for the placement of employees should be drawn first, and the taxes and interest owed to the state, bank debts and other debts should be repaid, and the rest should be turned over to the finance at the same level for special use in the technological transformation of other enterprises. Seventeenth the Interim Provisions shall be interpreted by the Provincial Economic Commission. Eighteenth the Interim Provisions shall come into force as of the date of promulgation.