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第一条根据《上海市境外国有资产管理暂行办法》及有关法律、法规,制定本实施细则。第二条凡占用本市国有资产的境内投资单位,以货币资金、实物资产及无形资产形式对境外投资设立境外企业(包括独资、合资、合作企业,下同)、境外机构的,均应按国家现行规定向有关部门申办报批、审核、产权登记等手续。第三条境内投资单位以货币资金、实物资产对境外投资设立境外企业、境外机构的,应通过外汇管理部门外汇风险报告后,经市外经贸委、市计委核准取得《境外企业批准证书》或《境外带料加工装配项目批准证书》(以下简称批准证书)后,向同级国有资产管理部门办理产权登记手续,取得《境外国有资产产权登记表》(立案登记),向检验检疫部门办理实物出口检验手续,取得《检验证书》。
Article 1 These Regulations are formulated in accordance with the Interim Measures for the Administration of State-owned Assets Outside of Shanghai Municipality and other relevant laws and regulations. Article 2 All domestic investment units that occupy the state-owned assets of this Municipality shall, in the form of monetary funds, physical assets and intangible assets, invest overseas in the establishment of overseas enterprises (including wholly-owned, joint ventures and cooperative enterprises, the same below) and overseas institutions, The current state regulations to the relevant departments to apply for approval, audit, property registration and other procedures. Article 3 After setting up foreign enterprises and overseas institutions with foreign currency funds and physical assets for overseas investment, the domestic investment units shall, after obtaining the foreign exchange risk report of the foreign exchange control department and obtaining the Approval Certificate for Overseas Enterprises through the approval of the Municipal Foreign Economic and Trade Commission and the Municipal Planning Commission, (Hereinafter referred to as the Approval Certificate), go through the formalities of registration of property rights with the state-owned assets management department at the same level and obtain the Registration Form of Property Rights of Overseas State-owned Assets (registration of registration), and go through the inspection and quarantine department Physical export inspection procedures, made “inspection certificate.”