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| Provisional Regulations of the State Administration for Industry and Commerce on the Authentication of Economic Contracts | |||||
| 更新时间：2007-5-2 | |||||
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STATE ADMINISTRATION OF INDUSTRY & COMMERCE PROVISIONAL REGULATIONS OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON THE AUTHENTICATION OF ECONOMIC CONTRACTS (Promulgated on August 13, 1985 by the State Administration for Industry and Commerce) These Provisional Regulations are formulated to facilitate the task of authenticating economic contracts, to implement legislation on economic contracts and to protect the legal rights and interests of the parties concerned. @@ Article 1. Authentication is the system used by an economic contract administrative organ to determine legally, at the request of both parties concerned, the authenticity and legality of an economic contract. @@ Article 2. The authentication of an economic contract shall be conducted on a voluntary basis, except where the State stipulates otherwise. @@ Article 3. The State Administration for Industry and Commerce shall be the organ responsible for the authentication of economic contracts. Authentication shall generally be executed by the local Administration for Industry and Commerce in the area where the contract is signed or implemented. @@ Article 4. Authentication of an economic contract shall be executed in accordance with the provisions of State laws, administrative legislation and policies and shall examine whether: (1) a party which is a signatory to an economic contract is qualified and has the necessary authority and competence; (2) the views given by a party to an economic contract are factual; (3) the content of an economic contract complies with the requirements of State laws, policies and plans; and (4) the content of the principal clauses of an economic contract is complete, the written expression therein is accurate, and the signing of the contract complies with required legal procedures. @@ Article 5. Authentication of economic contracts shall include the authentication of contracts of purchase, construction project contracting, process contracting, freight transportation, electricity supply, storage and custody, property leasing, loans, property insurance, scientific and technological co-operation and joint ventures, which are concluded between legal persons, between a legal person and an individual household operation, a farming household operation or a specialised household operation, between individual household operations, between specialised operations or between an individual household operation and a specialised household operation. @@ Article 6. For authentication of an economic contract, both parties to the contract shall go to the Administration for Industry and Commerce. If it is necessary to engage an agent to complete the required procedures, the agent shall present a certificate of authorisation. @@ Article 7. When applying for authentication of an economic contract, the following reference materials shall be presented: (1) the original and a copy of the economic contract; (2) the business licence or a copy; (3) the credentials of a legal representative or agent which is signatory to the economic contract; and (4) other relevant supporting documents. @@ Article 8. If the investigative assistance of an Administration for Industry and Commerce in another area is required, the Administration for Industry and Commerce undertaking the authentication of an economic contract shall clearly state items to be investigated and any other requests. The Administration for Industry and Commerce which has been entrusted with the task of investigation shall do so conscientiously and shall issue a prompt response. @@ Article 9. The authenticating official shall thoroughly examine the contract documents and other relevant supporting documents submitted by the two parties concerned, in order to determine their authenticity and legality. If the examination finds that the prescribed conditions for authentication are met, authentication shall be granted. The authenticating official shall sign and affix to the contract documents the seal of the Administration for Industry and Commerce endorsing the economic contract as authentic. If the contract documents and other supporting documents supplied by the parties are found to be incomplete, the parties concerned shall be notified to provide the necessary additions. If an economic contract is found to be unauthentic or illegal, the reasons for declining to authenticate it shall be explained to the parties concerned and relevant remarks shall be noted on the contract documents. @@ Article 10. If the Administration for Industry and Commerce discovers that an authentication of an economic contract has been granted in error, this authentication shall be cancelled. @@ Article 11. A fee shall be collected from a party applying for authentication of an economic contract. The rate of charges shall be implemented in accordance with the Industrial and Commercial Document No. 1(84) of the State Administration for Industry and Commerce and the Ministry of Finance concerning the scale of fees for the authentication of an economic contract. to engage an agent to complete the required procedures, the agent shall present a certificate of authorisation. @@ Article 7. When applying for authentication of an economic contract, the following reference materials shall be presented: (1) the original and a copy of the economic contract; (2) the business licence or a copy; (3) the credentials of a legal representative or agent which is signatory to the economic contract; and (4) other relevant supporting documents. @@ Article 8. If the investigative assistance of an Administration for Industry and Commerce in another area is required, the Administration for Industry and Commerce undertaking the authentication of an economic contract shall clearly state items to be investigated and any other requests. The Administration for Industry and Commerce which has been entrusted with the task of investigation shall do so conscientiously and shall issue a prompt response. @@ Article 9. The authenticating official shall thoroughly examine the contract documents and other relevant supporting documents submitted by the two parties concerned, in order to determine their authenticity and legality. If the examination finds that the prescribed conditions for authentication are met, authentication shall be granted. The authenticating official shall sign and affix to the contract documents the seal of the Administration for Industry and Commerce endorsing the economic contract as authentic. If the contract documents and other supporting documents supplied by the parties are found to be incomplete, the parties concerned shall be notified to provide the necessary additions. If an economic contract is found to be unauthentic or illegal, the reasons for declining to authenticate it shall be explained to the parties concerned and relevant remarks shall be noted on the contract documents. @@ Article 10. If the Administration for Industry and Commerce discovers that an authentication of an economic contract has been granted in error, this authentication shall be cancelled. @@ Article 11. A fee shall be collected from a party applying for authentication of an economic contract. The rate of charges shall be implemented in accordance with the Industrial and Commercial Document No. 1(84) of the State Administration for Industry and Commerce and the Ministry of Finance concerning the scale of fees for the authentication of an economic contract. |
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