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国家经贸委、财政部、国家工商总局、国家外汇管理局已共同制定了《利用外资改组国有企业暂行规定》(以下简称《规定》),并将于明年1月1日起正式施行。根据这一规定,中国将更加积极、合理、有效地利用外资,外资也能更加规范并顺畅地参与国有企业的改组改制,从而促进国有经济的战略性改组,加快国有企业建立现代企业制度的步伐。 《规定》指出,利用外资改组国有企业主要包括五种情形:国有企业的国有产权持有人将全部或部分产权转让给外国公司、企业和其他经济组织或个人(以下简称外国投资者),企业改组为外商投资企业;公司制企业的国有股权持有人可将全部或部分国有股权转让给外国投资者,企业改组为外商投资企业;国有企业的境内债权人将持有的债权转给外国投资
The State Economic and Trade Commission, the Ministry of Finance, the State Administration for Industry and Commerce and the State Administration of Foreign Exchange jointly formulated the Provisional Regulations on the Restructuring of State-owned Enterprises with Foreign Investment (hereafter referred to as the “Regulations”) and will come into effect on January 1 next year. According to this provision, China will make more active use of foreign capital in a rational, efficient manner. Foreign investment will also be able to participate more regularly and smoothly in the restructuring and restructuring of state-owned enterprises so as to promote the strategic restructuring of the state-owned economy and accelerate the pace of state-owned enterprises in establishing a modern enterprise system . The “Provisions” pointed out that the reorganization of state-owned enterprises by foreign investment mainly includes five situations: holders of state-owned property of state-owned enterprises transfer all or part of the property rights to foreign companies, enterprises and other economic organizations or individuals (hereinafter referred to as foreign investors), enterprises Reorganized as foreign-invested enterprises; holders of state-owned equity of corporate enterprises may transfer all or part of the state-owned equity interests to foreign investors and the enterprises will be reorganized into foreign-invested enterprises; domestic creditors of state-owned enterprises will transfer the claims they hold to foreign investors