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Provisions of the Ministry of Foreign Trade and Economic Cooperation on the Administration of Maintenance, Technical Service and Spare Parts Consignment of Imported Electromechanical Instruments
Article 1 These Provisions are formulated to ensure the smooth after-sales service and technical service of imported mechanical and electrical instruments, and provide timely maintenance and technical services and spare parts supply to foreign users. Article 2 These Provisions shall apply to providing maintenance, technical services and spare parts supply for domestic users of imported mechanical and electrical instruments. Article 3 An enterprise with the right to operate foreign trade (hereinafter referred to as the organizer) approved by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as MOFTEC) and its authorized organs may carry out the business referred to in Article 2 of these Provisions within the approved business scope. Article 4 In order to carry out the business under the jurisdiction of Article 2 of these Provisions, the contract signed by the organizer and foreign businessmen shall come into effect after being approved by the Ministry of Foreign Trade and Economic Cooperation. Article 5 To carry out the business under the jurisdiction of Article 2 of these Provisions, a maintenance technical service station (department) or a spare parts and consumables consignment station (department) with independent legal personality must be established. (hereinafter referred to as the maintenance station) Article 6 The maintenance station may be held by the organizer alone or jointly with other domestic enterprises and institutions (hereinafter referred to as the organizer). * * * When the maintenance station is jointly held, the organizer shall sign a contract with the organizer, stipulating the rights and obligations of both parties, and report it to MOFTEC for the record.

The maintenance station has no right to operate foreign trade, and all import matters should be entrusted to the organizer. Article 7 The organizers of ministries and commissions applying for engaging in the business under the jurisdiction of Article 2 of these Provisions shall directly report to MOFTEC for examination and approval.

The local organizer shall apply to the economic and trade commission (office) of the province, autonomous region, municipality directly under the central government and cities under separate state planning. After examination and approval, it shall be reported to MOFTEC for examination and approval. Article 8 To apply for engaging in the business governed by these Provisions, the following materials shall be submitted:

1. Application for establishing a maintenance station;

Two. A contract signed between the organizer and a foreign investor. Article 9 A contract signed by an organizer and a foreign investor shall include the following contents:

1. Name and address of the maintenance station;

Second, the business scope of the maintenance station;

Third, the method of settlement;

4. Rights and obligations of the parties to the agreement;

Verb (abbreviation of verb) dispute settlement clause;

Vi. the validity of the contract. Tenth maintenance station name should comply with the "Regulations" management of enterprise name registration. Article 11 MOFTEC shall decide whether to approve or not within 60 days from the date of receiving the application and relevant materials. If no reply is made within the time limit, it shall be deemed as consent. Twelfth approved maintenance stations, issued by the Ministry of foreign trade and economic cooperation approval certificate. Article 13 The organizer applying for the establishment of a maintenance station shall, within 30 days after obtaining the approval certificate, apply to the local administrative department for industry and commerce for registration and obtain a business license. Submit a copy to MOFTEC for the record within 30 days after obtaining the business license. Article 14 Where a maintenance station needs to set up a bonded warehouse, it shall apply to the local customs for relevant formalities with the approval certificate. Bonded warehouses approved for establishment shall be subject to customs supervision in accordance with customs regulations. Fifteenth maintenance stations should apply to the local foreign exchange administration branch for opening a foreign exchange quota account with the approval certificate and business license before opening.

Foreign exchange income such as start-up expenses, working capital, service fees and commissions paid by foreign businessmen to maintenance stations shall be settled in banks according to state regulations. After the settlement of foreign exchange, the maintenance station shall go through the formalities of leaving foreign exchange with the bank settlement slip at the local foreign exchange administration department. The retained foreign exchange should be used to pay for spare parts, technical personnel training fees abroad, and imported maintenance equipment and tools. Article 16 The maintenance station shall report the operation of the previous year to the MOFTEC in the first quarter of each year. Article 17 After the expiration of the contract for establishing a maintenance station, the business, creditor's rights and debts shall be cleared, and a clearing report shall be submitted to MOFTEC. After approval, the maintenance station shall be closed and the registration shall be cancelled with the departments of industry and commerce, customs and foreign exchange. If an extension is needed, a copy of the business report and the original approval certificate shall be submitted to MOFTEC for approval. After approval, the extension formalities shall be handled at the departments of industry and commerce, customs and foreign exchange with the approval documents. Eighteenth without the approval of the Ministry of Foreign Trade and Economic Cooperation, engaged in the business listed in Article 2 of these Provisions, the administrative departments for industry and commerce at all levels and the administrative departments of foreign trade and economic cooperation shall order them to stop their business immediately. Article 19 If a maintenance station violates relevant laws and regulations, MOFTEC will revoke its approval certificate, except that other departments will punish it according to relevant laws and regulations. Twentieth the provisions shall come into force as of the date of promulgation. 1986 12/22 "regulations on the maintenance, technical service and consignment of imported mechanical and electrical instruments" shall be abolished at the same time.