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1、工商行政理对外商企业违背登记理法规的行为进展处分的权限和程序的规定山西新绛REGULATIONS CONCERNING JURISDICTION AND PROCEDURES TO DEAL OUT PUNISHMENT FOR VIOLATIONS OF REGISTRATION ADMINISTRATIVE DECREES BYFOREIGN INVESTMENT ENTERPRISES为了加强对中外合资经营企业、中外合作经营企业、外资企业以下统称外商企业的监视理保护合法经营依法查处违背登记理法规的行为根据?企业法人登记理?及其?施行细那么?特对处分的权限和程序作如下规定：山西新绛With
2、 a view to strengthening servision and control over the inese-foreign joint ventures and inese-foreign contractual joint ventures and wholly foreign-owned enterprises (hereinafter referred to as foreign investment enterprises), protecting legal management and dealing out punishment for violations of
3、 registration administrative decrees according to the law, the jurisdiction and procedures for su punishment, in accordance with Rules of the Peoples Republic of ina on Administration of Registration on Enterprise Legal Persons and the Detailed Regulation for its implementation, are defined as follo
4、ws:第一条区及区以上各级工商行政理均有权对辖区域内的外商企业进展监视检查。山西新绛Article 1 The administrations for industry and merce at the county (district) level or above all have the right to servise and examine the foreign investment enterprises in the areas that e under their jurisdiction.第二条工商行政理和工商行政理受权直接核准登记外商企业的地方工商行政理以下简称受权的工商
5、行政理均有权按照有关规定和处分权限对违背登记理法规的外商企业进展处分。山西新绛Article 2 The State Administration for Industry and merce and the local administrations that are empowered by the former to directly eck and approve the registration of foreign investment enterprises (hereinafter referred to as empowered local administrations)
6、all have the right, in accordance with relevant regulations and limits of authority, to deal out punishment for violations of registration administrative decrees by the foreign investment enterprises.上级工商行政理对下级工商行政理作出的不适当的处分有权予以纠正。山西新绛Administration for industry and merce at higher level have the ri
7、ght to rectify the improper decisions of punishment by administrations for industry and merce at lower level.第三条工商行政理对以下违背登记理法规的外商企业进展查处：山西新绛Article 3 The State Administration for Industry and merce examines and deals accordingly with the following foreign investment enterprises that violate the reg
8、istration administrative decrees:一、工商行政理直接登记注册的外商企业；山西新绛(1) The foreign investment enterprises that are directly registered at the State Administration for Industry and merce;二、工商行政理认为有必要直接查处的外商企业。山西新绛(2) The foreign investment enterprises that the State Administration for Industry and merce deems i
9、t necessary to exercise direct examination and punishment.第四条受权的工商行政理对违背登记理法规的行为发生在本辖区域内的外商企业进展查处。山西新绛Article 4 The empowered local administrations examine and deal accordingly with the foreign investment enterprises that violate the registration administrative decrees in the areas under their juris
10、diction.受权的、自治区、直辖工商行政理对外商企业依法作出没收所得超过人民币二十万元或罚款超过人民币二万元或撤消营业执照处分的应报工商行政理核批。山西新绛Provided that the empowered provincial, autonomous regional and municipal administrations expropriate over RMB 200000 yuan of the illegal gains by the foreign investment enterprises, or mete out a fine of over RMB 20000
11、yuan, or withdraw the business license, they have to report to the State Administration for Industry and merce for examination and approval.受权的地区工商行政理对外商企业违背登记理法规的行为进展处分的权限由其所在的受权的、自治区、直辖工商行政理区别详细情况按照本规定的原那么加以规定并报工商行政理批准。山西新绛The limits of authority of the empowered city (prefectural) administrations
12、 for industry and merce over punishment of foreign investment enterprises that violate the registration administrative decrees are defined by their respective empowered provincial, autonomous regional and municipal administration in the light of specific conditions and in accordance with these Regul
13、ations and should be reported to the State Administration for Industry and merce for approval.受权的地区工商行政理依法作出的处分超出其权限的应报其所在的受权的、自治区、直辖工商行政理或工商行政理核批。山西新绛Provided that the empowered city (prefectural) administration make decisions of punishment beyond the limits of their authority, they have to report
14、to their respective provincial, autonomous regional and municipal administrations or the State Administration for Industry and merce for examination and approval.第五条受权的工商行政理对外商企业作出的处分应报送工商行政理和有关的工商行政理备案。山西新绛Article 5 The empowered local administrations have to report their decisions of punishment of
15、 foreign investment enterprises to the State Administration for Industry and merce or relevant administrations for records.第六条受权的工商行政理处理发生在本辖区域内非本核准登记的外商企业的行为时应及时将查处情况及处理结果核准登记该企业的工商行政理。山西新绛Article 6 If empowered local administrations deal with violations of foreign investment enterprises that are n
16、ot approved and registered in the locality under their jurisdiction, they have to inform in time the concerned administrations of their decisions.第七条没有处分权的区及区以上的工商行政理在本辖区域内发现外商企业违背登记理法规的行为时应当认真进展调查提出处理建议有处分权的上级工商行政理。山西新绛Article 7 If county (district) administrations or above that are not empowered w
17、ith the authority over su punishment detect violations of registration administrative decrees by foreign investment enterprises, they should carry out conscientious investigation, propose a decision of prosecution and defer to administrations at higher level empowered with su authority. 有处分权的上级工商行政理
18、应当在接到之日起一个月内予以超出处分权限的应逐级上报。山西新绛The latter must reply within 1 month as of the date of receipt of the report. If the decision of punishment go beyond their petence, they should report to the next serior administration.第八条外商企业不得回绝工商行政理依法进展的监视理和查处活动并应当在收到处分之日起十内执行处分。山西新绛Article 8 The foreign investment
19、 enterprises must not reject the servision, examination and prosecution by administrations for industry and merce according to the law and should implement the decisions of punishment within 15 days as of the date of receipt of the notice. 对处分不服的应在收到处分之日起十内向有处分权的上一级工商行政理申请复议。山西新绛If they do not accep
20、t the decisions, they should appeal for re- examination to administrations at higher level empowered with su authority within 15 days as of the date of the receipt of the notice. 上级工商行政理应当在收到复议申请之日起三内作出复议。复议间按原处理应收缴的罚没款可先予扣缴。山西新绛The latter should make its decision of re-examination within 30 days as
21、 of the date of receipt of the appeal. Pending the decision of re-examination, the fines and confiscations should be executed as has been originally decided on.第九条外商企业对地方工商行政理作出的复议或工商行政理作出的处分或复议不服的可以在收到复议或处分之日起三内向人民起诉。山西新绛Article 9 If the foreign investment enterprises refuse to accept the decisions
22、 of re-examination by local administrations or decisions of punishment or decisions of re-examination by the State Administration for Industry and merce, they may bring the suit to the Peoples Court within 30 days as of the date of receipt of the decision of re-examination or decision of punishment.
23、 逾不提出申诉又不缴纳罚没款的工商行政理可以按照规定程序其银行予以划拨。山西新绛If they do not appeal nor hand in the fine and the confiscated amount of money, the administrations for industry and merce can, in accordance with stipulated procedures, inform the banks where they open an account and ask them to transfer the amount.第十条工商行政理依法
24、对外商企业违背登记理法规的行为进展查处时应当指定专人负责并建立当事人提供的证据材料应由当事人签字或盖章。山西新绛Article 10 When the administrations for industry and merce are examining and dealing with the foreign investment enterprises that violate the registration administrative decrees they should appoint special persons to be in arge and establish re
25、levant records. The evidence provided by the litigants should be signed and sealed by the litigants. 负责查处的工商行政理人员应严格遵守各项法规和外事纪律。山西新绛The persons from the administrations for industry and merce who are in arge should strictly observe relevant decrees and the disciplines guiding the handling of foreign
26、 affairs. 对外商企业进展调查或检查时应由二人以上进展并出示?工商行政理专用工作证?。山西新绛Investigation or examination of foreign investment enterprises should be conducted by 2 persons or more who have to show their Special ID Cards of the PRC Administration for Industry and merce.第十一条对港、澳、台企业或华侨、港、澳、台同胞举办的合资经营企业、合作经营企业、独资经营企业外国地区企业从事承包
27、工程、承包经营理、合作开发国内资源等经营活动外国地区企业常驻代表机构外国地区银行分行以及外商企业设立的从事经营活动的分支机构和开展业务活动的办事机构的监视理、处分权限和程序按照本规定执行。山西新绛Article 11 The servision, administration, jurisdiction over punishment and its procedures concerning joint or contractual ventures and the wholly foreign-owned enterprises established by the Hong Kong,
28、Macao and Taiwan enterprises, or by overseas inese, Hong Kong, Macao and Taiwan patriots, the projects and businesses contracted by foreign (regional) enterprises and their cooperative development of domestic natural resources, their permanent office, branes of foreign (regional) banks and business branes established by foreign investment enterprises are executed in accordance with these Regulations.第十二条本规定自发布之日起执行。山西新绛Article 12 These Regulations shall go into effect on the day of their promulgation.