- 中国商业贸易法律法规中英数据库(二) A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
中国商业贸易法律法规中英数据库(二)
- 损害赔偿，受害人可以请求 县以上工商行政管理机关处理。 With respect to claims for damages, the claimant may request the administrative departments for industry and commerce above the county level for handling.
- 有财产担保的债权，其数额超过担保物的价款的，未受清偿的部分，作为破产债权，依照破产程序受偿。 With respect to claims that are secured with property whose amount exceeds the value of the security collateral, the part that is not repaid constitutes a bankruptcy claim, and will be repaid in accordance with the bankruptcy proceedings.
- 有财产担保的债权，其数额超过担保物的价款的，未受清偿的部分，作为破产债权，依照破产程序受偿。 With respect to claims that are secured with property whose amount exceeds the value of the security collateral, the part that is not repaid constitutes a bankruptcy claim, and will be repaid in accordance with the bankruptcy proceedings.
- 有财产担保的债权，其数额超过担保物的价款的，未受清偿的部分，作为破产债权，依照破产程序受偿。 With respect to claims that are secured with property whose amount exceeds the value of the security collateral, the part that is not repaid constitutes a bankruptcy claim, and will be repaid in accordance with the bankruptcy proceedings.
- 企业由债权人申请破产，上级主管部门申请整顿并且经企业与债权人会议达成和解协议的，中止破产程序。 With respect to enterprises for which creditors file for bankruptcy, bankruptcy proceedings shall be suspended against those for which the superior departments in charge have applied for reorganization, and if the enterprise and the creditors have reached a settlement agreement through consultation.
- 企业由债权人申请破产，上级主管部门申请整顿并且经企业与债权人会议达成和解协议的，中止破产程序。 With respect to enterprises for which creditors file for bankruptcy, bankruptcy proceedings shall be suspended against those for which the superior departments in charge have applied for reorganization, and if the enterprise and the creditors have reached a settlement agreement through consultation.
- 企业由债权人申请破产，上级主管部门申请整顿并且经企业与债权人会议达成和解协议的，中止破产程序。 With respect to enterprises for which creditors file for bankruptcy, bankruptcy proceedings shall be suspended against those for which the superior departments in charge have applied for reorganization, and if the enterprise and the creditors have reached a settlement agreement through consultation.
- 破产财产不足以支付破产费用的，人民法院应当宣告破产程序终结。 With respect to enterprises whose bankruptcy property is insufficient to cover bankruptcy expenses, the people's court should declare termination of bankruptcy proceedings.
- 破产财产不足以支付破产费用的，人民法院应当宣告破产程序终结。 With respect to enterprises whose bankruptcy property is insufficient to cover bankruptcy expenses, the people's court should declare termination of bankruptcy proceedings.
- 破产财产不足以支付破产费用的，人民法院应当宣告破产程序终结。 With respect to enterprises whose bankruptcy property is insufficient to cover bankruptcy expenses, the people's court should declare termination of bankruptcy proceedings.
- 人寿保险的被保险人或者受益人对保险人请求给付保险金的权利，自其知道保险事故发生之日起五年不行使而消灭。 With respect to life insurance, the rights of the insured or the beneficiary to claim for payment of the insurance benefits shall expire if the insured or the beneficiary fails to exercise his/her rights to claim within five (5) years from the date when the insured or the beneficiary is aware of the occurrence of the insured event.
- 外资企业出口产品，依照中国规定需要领取出口许可证的，应当编制年度出口计划，每半年向发证机关申领一次。 With respect to products to be exported by a foreign-capital enterprise, if, according to the pertinent provisions of China, it is necessary for the said enterprise to obtain an export license, it shall work out an annual plan for exportation, and apply, every six months, to the license-issuing organ for the license.
- 外资企业生产的产品为中国急需并且可以替代进口，经批准在中国销售的，经中国外汇管理机关批准后，可以收取外汇。 With respect to products, manufactured by a foreign-capital enterprise, urgently needed in China, capable of replacing similar imported goods, and permitted to be sold in China, the payments may be made in foreign exchange, subject to the approval by the Chinese administrative department for foreign exchange control.
- 设立外资企业的申请属于下列情形的，国务院授权省、自治区、直辖市和计划单列市、经济特区人民政府审查批准后，发给批准证书： With respect to the application for the establishment of a foreign-capital enterprise that comes under one of the following circumstances, the State Council shall authorize the people's government of the relevant province, autonomous region, municipality directly under the Central Government, municipality separately listed on the state plan, or the special economic zone, to issue the certificate of approval after examining and approving the application:
- 广东、福建两省审批成立的各级各类对外经贸公司经过清理整顿后的撤销，合并方案，也要报经贸部审批。 with respect to the foreign trade companies at various levels and of various types in Guangdong and Fuiian Provinces that were established after examination and approval, the framework for the abolishment and merger of these companies formulated in the process of the checking up and rectification shall also be submitted to the Ministry of Foreign Economic Relations and Trade for examination and approval.
- 破产企业的法定代表人和破产企业的上级主管部门的领导人，因玩忽职守造成企业破产，致使国家财产遭受重大损失的，依照《中华人民共和国刑法》第一百八十七条的规定追究刑事责任。 With respect to the legal representative of the bankrupt enterprise and the leaders of superior departments in charge of bankrupt enterprise who, due to neglect of duty, cause the bankruptcy of the enterprise that result in the major loss of state property, criminal responsibility shall be investigated in accordance with Article 187 of the Criminal Law of the People's Republic of China.
- 破产企业的法定代表人和破产企业的上级主管部门的领导人，因玩忽职守造成企业破产，致使国家财产遭受重大损失的，依照《中华人民共和国刑法》第一百八十七条的规定追究刑事责任。 With respect to the legal representative of the bankrupt enterprise and the leaders of superior departments in charge of bankrupt enterprise who, due to neglect of duty, cause the bankruptcy of the enterprise that result in the major loss of state property, criminal responsibility shall be investigated in accordance with Article 187 of the Criminal Law of the People's Republic of China.
- 破产企业的法定代表人和破产企业的上级主管部门的领导人，因玩忽职守造成企业破产，致使国家财产遭受重大损失的，依照《中华人民共和国刑法》第一百八十七条的规定追究刑事责任。 With respect to the legal representative of the bankrupt enterprise and the leaders of superior departments in charge of bankrupt enterprise who, due to neglect of duty, cause the bankruptcy of the enterprise that result in the major loss of state property, criminal responsibility shall be investigated in accordance with Article 187 of the Criminal Law of the People's Republic of China.
- 对作价出资的机器设备，应当列出详细的作价出资清单，包括名称、种类、数量、作价等，作为设立外资企业申请书的附件一并报送审批机关。 With respect to the machinery and equipment, being assigned a fixed price and used as contributing investment, an inventory listing in detail the assigning of fixed prices as contributing investment, including the names, categories, quantities, and the assignment of prices, shall be made and submitted to the examining and approval organ as an appendix to the application for the establishment of the foreign-capital enterprise.
- 对该合伙人的财产份额，其他合伙人有优先受让的权利。 With respect to the partner's share of property in the partnership, other partners shall have the preemptive right of assignment.
- 对作价出资的工业产权、专有技术，应当备有详细资料，包括所有权证书的复制件，有效状况及其技术性能、实用价值，作价的计算根据和标准等，作为设立外资企业申请书的附件一并报送审批机关。 With respect to those industrial property rights and proprietary technology, being assigned a fixed price for contributing investment, a detailed inventory of relevant data, including a duplicate of the proprietary rights certificate, the effective condition, technological performance, the practical value, the basis and standard for the calculation of pricing, shall be prepared and submitted to the examining and approving organ as an appendix to the application for the establishment of the foreign-capital enterprise.
- 对已经国务院或经贸部批准的国际经济技术合作公司（含与苏联、东欧等国家开展经济技术合作业务的公司），以及扩大对外经济技术合作业务或试点经营第三类出口商品业务的国际经济技术合作公司， With respect to those international economic and technological cooperation companies (including those companies which handle economic and technological cooperation business with the Soviet Union and the East European countries that have been approved by the State Council or by the Ministry of Foreign Economic Relations and Trade, and those international economic and technological cooperation companies that engage in the expansion of business contacts for external economic and technological cooperation or in the trial management of the exportation of export commodities of the third category,
- 除经国家税务总局或国家税务总局省、自治区、直辖市税务分局和省、自治区、直辖市地方税务局（国家税务总局省、自治区、直辖市税务分局和省、自治区、直辖市地方税务局以下统称省级税务机关）依据各自的职责批准外，发票均应套印全国统一发票监制章。 With the exception of approval granted by the State Administration of Taxation or by the branches of the State Administration of Taxation in various provinces, autonomous regions and municipalities directly under the central government and by tax bureaus of various provinces, autonomous regions and municipalities (the State Administration of Taxation, the branches of the State Administration in various provinces, autonomous regions and municipalities and local tax bureaus of various provinces, autonomous regions and municipalities are hereinafter referred to as provincial-level tax authorities) in accordance with their respective responsibilities, invoices should all be printed with the seal for supervising the manufacture of unified national invoices.
- 除不可抗力外，在保管海关监管货物期间，海关监管货物损毁或者灭失的，对海关监管货物负有保管义务的人应当承担相应的纳税责任。 With the exception of force majeure, in cases where goods that are under the supervision of safekeeping by customs incur damages or losses, persons held liable for safekeeping of the goods under supervision shall be responsible for the corresponding liability of duty payment.
- 除不可抗力外，在保管海关监管货物期间，海关监管货物损毁或者灭失的，对海关监管货物负有保管义务的人应当承担相应的纳税责任。 With the exception of force majeure, in cases where goods that are under the supervision of safekeeping by customs incur damages or losses, persons held liable for safekeeping of the goods under supervision shall be responsible for the corresponding liability of duty payment.
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