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国务院办公厅关于对在我国境内举办对外经济技术展览会加强管理的

分类: 法律英语 
 

国办发(1997)25号
(July 31, 1997)
颁布日期:19970731  实施日期:19970731  颁布单位:国务院办公厅

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions under the State Council and all agencies directly under the State Council:

Recent years have witnessed rapid growth in the holding of foreign economic and technological exhibitions (including international exhibitions, foreign economic and trade talks, export commodities trade fairs and foreign civilian economic and technological exhibitions in China, etc.) within the territory of China, which has played a positive role in the realization of sharing of information resources, reduction of costs in transactions, promotion of exchanges and cooperation with foreign countries, introduction of advanced technologies and equipment and promotion of expansion of foreign trade. However, problems such as examination and approval by many departments and repetitive holding of exhibitions have emerged. For the purpose of strengthening the administration of holding of foreign economic and technological exhibitions within the territory of China, the related questions are hereby notified as follows:

I. Holding of foreign economic and technological exhibitions should be instrumental to the promotion of the development of the cause of foreign economic cooperation and trade of our country, to the promotion of economic and technological exchanges and cooperation with foreign countries, to the introduction of advanced technologies and equipment, to pushing advancement in production, techniques and technologies in the country and to the acceleration of upgrading and generational renewal of export products. Contents to be put on display should be in conformity with the state industrial policies, of technologies, equipment and finished products of world advanced levels.

II. The hosting unit and the sponsoring unit of a foreign economic and technological exhibition must have the qualifications for hosting and sponsoring approved by the competent department of foreign economic cooperation and trade; holding of an economic and technological exhibition by an external agency in China must proceed with a unit having qualifications for hosting such an exhibition within the territory of China jointly or with entrustment to the latter.

1. Hosting units within the country:

(1) Exhibition companies or foreign economic and trade companies, agencies for economic and trade promotion or trade (speciality) associations and chambers of commerce at the provincial level with the organizational capability of inviting businessmen and exhibitors and the capability of bearing civil liabilities in the holding of exhibitions, having specialized departments or agencies thereunder for the holding of exhibitions and corresponding specialized personnel for exhibitions (including planning, design, organization, management and foreign languages), having complete rules for the holding of exhibitions, and having participated in assisting in hosting or sponsoring more than five large-scale international exhibitions may acquire the qualifications for hosting.

The Ministry of Foreign Trade and Economic Cooperation shall, in conjunction with the departments concerned, carryout a sorting out and reverification of the hosting units in the near future, grant the qualifications for hosting to those units which meet the requirements and publish the list at intervals. Organs of industry and commerce administration shall, on the strength of the approval documents of the Ministry of Foreign Trade and Economic Cooperation, reverify the business scope of the units concerned.

(2) Municipal people's governments at the provincial or deputy provincial level, or the competent departments of foreign trade and economic cooperation at the provincial level may host foreign economic and trade talks and export commodities trade fairs.

(3) Departments under the State Council may, in the name of the respective departments, host international exhibitions relevant to the business under their charge.

2. Overseas host units for the holding of exhibitions in China should be exhibition agencies, large transnational corporations, economic groups or organizations (including economic and trade promotion agencies, chambers of commerce and trade associations, etc.) with appropriate scale, strength for the holding of exhibitions and good international influence.

3. Host units shall mainly be responsible for the formulation and implementation of the exhibition schemes and plans and the organization for inviting businesses and exhibitors.

4. Sponsoring units shall mainly be responsible for the arrangement of the exhibition, security and guard duties and matters relating to the exhibition. Units qualified for hosting exhibitions have corresponding qualifications for sponsorship as well; companies concerned may, with the entrustment of the host unit, undertake single-item business of the exhibition (including design, arrangement of the exhibition, construction of the exhibition and advertising).

5. State-to-state bilateral, multilateral and friendly inter-provincial and inter-city exhibitions domestic or foreign (including exhibitions on exchange basis) shall be hosted and sponsored by corresponding units according to the principle of reciprocity and actual requirements.

III. Examination, approval and administration at different levels shall be practised with respect to foreign economic and technological exhibitions the display floor area of which are more than 1,000 square meters.

1. International exhibitions and fairs, etc. which really necessitate hosting in the name of a department under the State Council or in the name of a people's government at the provincial level must be submitted to the State Council for approval.

2. Foreign economic and technological exhibitions hosted by a unit under the State Council or an overseas agency shall be submitted to the Ministry of Foreign Trade and Economic Cooperation for examination and approval. For exhibitions to be held in areas outside Beijing, the host unit must gain in advance the consent of the department of foreign trade and economic cooperation of the locality wherein the exhibition is to be held.

3. Foreign economic and trade talks and export commodities trade fairs hosted by competent departments of foreign trade and economic cooperation at the provincial level or hosted jointly by a number of provinces (autonomous regions or municipalities directly under the Central Government) shall be subject to the examination and approval of the Ministry of Foreign Trade and Economic Cooperation. Foreign economic and technological exhibitions hosted by other units of the localities shall be subject to the examination and approval of the competent department of foreign trade and economic cooperation of the province, autonomous region or municipality directly under the Central Government wherein it is to be held, and concurrently submitted to the Ministry of Foreign Trade and Economic Cooperation for the record.

4. The State Commission of Science and Technology shall be responsible for the examination and approval of the exhibitions with scientific research, technological exchange and seminars as their contents.

5. Foreign economic and technological exhibitions to be held under the chain of the China Council for the Promotion of International Trade shall be subject to the China Council for the Promotion of International Trade for examination and approval and concurrently submitted to the Ministry of Foreign Trade and Economic Cooperation for the record. With respect to those exhibitions to be held in areas outside Beijing, the host units should gain in advance the consent of the competent department of foreign trade and economic cooperation of the locality wherein it is to be held.

6. Foreign economic and technological exhibition involving participation of manufacturers or agencies from the Taiwan region shall be subject to examination and approval of the Ministry of Foreign Trade and Economic Cooperation and submitted to the Office of Taiwan Affairs under the State Council for the record. Economic and technological exhibitions of both sides of the Straits shall be subject to the examination and approval of the Ministry of Foreign Trade and Economic Cooperation in conjunction with the Office of Taiwan Affairs under the State Council.

7. Units with qualifications for hosting foreign economic and technological exhibitions may hold foreign economic and technological exhibitions the floor area of which are under 1,000 square meters on their own which, however, shall be submitted to the competent unit for the record.

IV. Strengthening coordination and administration, adopting strict measures for examination and approval, avoiding holding of repetitious exhibitions and standardizing acts of exhibition.

1. The number of exhibitions shall be strictly controlled to avoid repetition and waste, joint exhibitions shall be encouraged and promoted and holding of specialized exhibitions shall be encouraged. With respect to exhibitions of same type in the same province, autonomous region and municipality directly under the Central Government as well as the municipality of deputy provincial level, not more than two of which may be held each year in principle.

2. With respect to a foreign economic and technological exhibition with the title of an international exhibition, participation by foreign manufacturers in the exhibition must amount to more than 20%.

3. Organization for inviting businesses and exhibitors must follow the principle of voluntary participation by enterprises and no administrative interference shall be permitted to attract exhibitors; the relevant advertisements and publicity materials must be truthful and reliable.

4. The host unit shall, within one month on the completion of the exhibition, submit a summary report on the exhibition to the unit of examination and approval in accordance with the contents and requirements prescribed by the Ministry of Foreign Trade and Economic Cooperation.

5. Departments of examination and approval must strengthen administration of the exhibition activities of the host units and sponsoring units, and maintain normal order in the holding of exhibitions. Exhibitions hosted by subsidiary units of the departments under the State Council (including the China Council for the Promotion of International Trade) in localities outside Beijing shall be administered by the competent departments of foreign trade and economic cooperation of the localities.

V. Entry into the country and retention for sale of foreign exhibits in exhibitions the floor area of which are more than 1,000 square meters shall be handled by the Customs in accordance with provisions on the strength of the formal approval documents issued by the units of examination and approval prescribed in this Circular; those exhibitions the floor area of which are under 1,000 square meters shall be handled by the Customs in accordance with provisions on the strength of the applications of the host units.

VI. For the holding of a foreign economic and technological exhibition in violation of the provisions of this Circular as well as indiscriminate apportionment in the process of holding exhibitions and infringement on the legitimate rights and interests of the participating units and other acts in violation of laws and regulations, the Ministry of Foreign Trade and Economic Cooperation shall nullify the qualifications of the host unit, and the departments concerned shall seriously conduct investigations and handle the case in accordance with laws and regulations. With respect to units without qualifications for hosting or sponsoring foreign economic and technological exhibitions holding exhibitions without authorization, or usurping the name of another unit in the holding of exhibitions, the competent departments of foreign trade and economic cooperation and organs of industry and commerce administration at all levels shall investigate and handle the cases according to law.

VII. The Ministry of Foreign Trade and Economic Cooperation shall be responsible for the coordination and administration of the holding of foreign economic and technological exhibitions. All departments concerned should give full play to their functional roles, strengthen cooperation and carry out successful joint administration over foreign economic and technological exhibitions. Information on the examination and approval and holding of foreign economic and technological exhibitions shall be circulated at regular intervals and information on exhibitions made public in the form of joint sessions headed by the Ministry of Foreign Trade and Economic Cooperation in conjunction with the State Commission of Science and Technology, the China Council for the Promotion of International Trade and other units; studies should be made of the situation and problems emerging in the process of the growth of the foreign exhibition industry, and timely and effective measures taken to strengthen coordination and administration; the legitimate rights and interests of units holding exhibitions and units participating in exhibitions shall be safeguarded and the healthy development of the foreign exhibition industry ensured; and the holding of influential foreign economic and technological exhibitions with characteristics and scale shall be promoted and supported.

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