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通知(1997年7月31日)
各省、自治区、直辖市人民政府,国务院各部委、各直属机构:
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:
近年来,在我国境内举办的对外经济技术展览会(包括国际展览会、对外经济贸易洽谈会、出口商品交易会和境外民用经济技术来华展览会等)迅速发展,这对实现信息资源共享,降低交易成本,加强对外交流和合作,引进先进技术和设备,促进对外贸易发展,起到了积极作用。
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.
但也现出了多头审批,重复办展等问题。
However, problems such as examination and approval by many departments and repetitive holding of exhibitions have emerged.
为加强管理,现就在我国境内举办对外经济技术展览会有关问题通知如下:
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:
一、举办对外经济技术展览会,应有利于促进我国对外经贸事业发展,促进对外经济技术交流与合作,有利于引进先进技术和设备,推动国内生产、工艺、技术进步,加快出口产品升级换代。
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.
展出内容应是符合国家产业政策,具有世界先进水平的技术、设备和制成品。
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.
二、对外经济技术展览会的主办和承办单位,必须具有外经贸主管部门批准的主办和承办资格;
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;
境外机构在华举办经济技术展览会,必须联合或委托我国境内有主办资格的单位进行。
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.
(一)境内主办单位:
1. Hosting units within the country:
1.具有组织招商招展能力和承担举办展览的民事责任能力,设有专门从事办展的部门或机构并有相应的展览专业(包括策划、设计、组织、管理及外语)人员,具有完善的办展规章制度,曾参与协办或承办5个以上较大规模的国际性展览会的展览公司或外经贸公司,省级经济贸易促进机构或行业(专业)协会、商会可获得主办资格。
(1) Exhibition companies or foreign economic and trade companies, agencies for economic and trade promotion or trade (specialty) 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.
对外贸易经济合作部应会同有关部门,近期内重新清理审核主办单位,对符合条件的单位授予主办资格,并分期公布名单。
The Ministry of Foreign Trade and Economic Cooperation shall, in conjunction with the departments concerned, carry out a sorting out and re-verification 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.
工商行政管理机关凭对外贸易经济合作部的批准文件,重新核定有关单位的经营范围。
Organs of industry and commerce administration shall, on the strength of the approval documents of the Ministry of Foreign Trade and Economic Cooperation, re-verify the business scope of the units concerned.
2.省级、副省级市人民政府,或省级外经贸主管部门可以主办对外经济贸易洽谈会和出口商品交易会。
(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.国务院部门可以部门名义主办与主管业务有关的国际性展览会。
(3) Departments under the State Council may, in the name of the respective departments, host international exhibitions relevant to the business under their charge.
(二)来华办展的境外主办单位应是具有相当规模和办展实力,在国际上影响良好的展览机构、大型跨国公司、经济团体或组织(包括经济贸易促进机构、商会、行业协会等)。
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.
(三)主办单位主要负责制定并实施展览方案和计划,组织招商招展。
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.
(四)承办单位主要负责布展、安全保卫及会务事项。
4. Sponsoring units shall mainly be responsible for the arrangement of the exhibition, security and guard duties and matters relating to the exhibition.
具有主办资格的单位均具有相应的承办资格;
Units qualified for hosting exhibitions have corresponding qualifications for sponsorship as well;
受主办单位委托,有关公司可以承办展览的单项业务(包括设计、布展、展览施工、广告)。
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).
(五)国家间双边、多边及国内外友好省市间的展览(含交流展),按对等原则和实际需要由相应单位主办和承办。
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.
三、对展览面积要1000平方米以上的对外经济技术展览会,实行分级审批管理。
III. Examination, approval and administration at different levels shall be practiced with respect to foreign economic and technological exhibitions the display floor area of which are more than 1,000 square meters.
(一)确需以国务院部门或省级人民政府名义主办的国际展览会、博览会等,须报国务院批准。
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.
(二)国务院部门所属单位主办的,以及境外机构主办的对外经济技术展览会,报对外贸易经济合作部审批。
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.
对在北京以外地区举办的,主办单位须事先征得举办地经贸主管部门同意。
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.
(三)对省级外经贸主管部门主办的和多省(自治区、直辖市)联合主办的对外经济贸易洽谈会和出口商品交易会,由对外贸易经济合作部审批。
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.
地方其他单位主办的对外经济技术展览会,由所在省、自治区、直辖市外经贸主管部门审批,并报对外贸易经济合作部备案。
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.
(四)以科研、技术交流、研讨为内容的展览会,由国家科学技术委员会负责审批。
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.
(五)中国国际贸易促进委员会系统举办的对外经济技术展览会,由中国国际贸易促进委员会审批并报对外贸易经济合作部备案。
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.
对其中在北京以外地区举办的,主办单位应就事先征得举办地外经贸主管部门同意。
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.
(六)对外经济技术展览会凡涉及台湾地区厂商或机构参展的,应报对外贸易经济合作部审批,报国务院台湾事务办公室备案。
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.
海峡两岸的经济技术展览会,由对外贸易经济合作部会同国务院台湾事务办公室审批。
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.
(七)具有对外经济技术展览会主办资格的单位,可自行举办面积在1000平方米以下的对外经济技术展览会,但应报有关主管单位备案。
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.
四、加强协调管理,严格审批办法,避免重复办展,规范展览行为。
IV. Strengthening coordination and administration, adopting strict measures for examination and approval, avoiding holding of repetitious exhibitions and standardizing acts of exhibition.
(一)严格控制办展数量,避免重复浪费,鼓励和推动联合办展,鼓励举办专业性展览会。
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.
对同类展览,原则上在同一省、自治区、直辖市及副省级市,每年不超过2个。
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.
(二)以国际展为名称的对外经济技术展览会,境外参展商必须占20%以上。
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%.
(三)组织招商展必须以企业自愿为原则,不得通过行政干预招展;
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;
有关广告、宣传材料必须真实可靠。
the relevant advertisements and publicity materials must be truthful and reliable.
(四)主办单位应在办展结束后1个月之内,按照对外贸易经济合作部规定的内容和要求,向审批单位提交展览情况的总结报告。
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.
(五)审批部门要加强对主办单位、承办单位办展活动的管理,维护正常的办展秩序。
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.
对国务院部门(含中国国际贸易促进委员会)所属单位在外地主办的展览,由当地外经贸主管部门进行管理。
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.
五、对1000平方米以上展览的境外展品进境及留购,由海关凭本通知规定的审批单位出具的正式批准文件按规定办理;
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;
对1000平方米以下的,海关凭主办单位申请按规定办理。
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.
六、对违反本通知规定举办对外经济技术展览会,以及在办展过程中有乱摊派、损害参展单位合法权益等违反法律法规行为的,由对外贸易经济合作部取消其主办资格,并由有关部门依据法律法规严肃查处。
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.
对不具备主办或承办对外经济技术展览会资格而擅自办展的,或者盗用其他单位名称办展的,由各级外经贸主管部门和工商行政管理机关依法查处。
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.
七、举办对外经济技术展览会,由对外贸易经济合作部负责协调和管理。
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.
各有关部门要充分发挥职能作用,加强配合,共同做好对外经济技术展览会的管理工作。
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.
由对外贸易经济合作部牵头,会同国家科学技术委员会、中国国际贸易促进委员会等单位,以召开联席会议的形式,定期通报审批和举办对外经济技术展览会情况,对外发布展览信息;
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;
研究对外展览业发展过程中出现的情况和问题,及时采取有效措施,加强协调管理;
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;
维护办展单位和参展单位的合法权益,保障对外展览业的健康发展;
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;
推动和扶持举办有特色、有规模、有影响的对外经济技术展览会。
and the holding of influential foreign economic and technological exhibitions with characteristics and scale shall be promoted and supported.