第二条 国务院外汇管理部门及其分支机构(以下统称外汇管理机关),依法履行外汇管理职责,负责本条例的实施。
Article 2 The government agencies of the State Council in charge of the administration of the exchange system and their local offices (hereafter the exchange administration agencies for both) shall exercise exchange management in accordance with the law and assume the responsibility for the implementation of the regulations.
第三条 本条例所称外汇,是指下列以外币表示的可以用作国际清偿的支付手段和资产:
Article 3 Foreign exchange as referred to in the regulations includes means of payments and assets denominated in foreign currency for international settlement as the following:
㈤其他外汇资产。
and 5. other assets denominated in foreign currency.
第四条 境内机构、个人、驻华机构、来华人员的外汇收支或者经营活动,适用本条例。
Article 4 The payment in and transfer of foreign exchange for current international transactions shall not be subject to the government control or restriction.
第五条 国家对经常性国际支付和转移不予限制。
Article 5 The regulations shall govern all activities related to the receipts and payments of foreign exchange as well as foreign exchange operations ofdomestic entities, individuals, foreign establishments, and foreign nationals in China.
第六条 国家实行国际收支统计申报制度。
Article 6 The government adopts a reporting system for balance of payments statistics.
All entities and individuals involved in balance of payments transactions shall fulfill their obligations for reporting balance of payments statistics.
凡有国际收支活动的单位和个人,必须进行国际收支统计申报。
Article 6 The government adopts a reporting system for balance of payments statistics.
All entities and individuals involved in balance of payments transactions shall fulfill their obligations for reporting balance of payments statistics.
第七条 在中华人民共和国境内,禁止外币流通,并不得以外币计价结算。
Article 7 Foreign currency is prohibited for circulation and shall not be quoted for pricing or settlement in the territory of the People's Republic of China.
第八条 任何单位和个人都有权检举、揭发违反外汇管理的行为和活动。
Article 8 All entities and individuals shall have the right to reveal or expose any activities in violation of the regulations on exchange management.
对检举、揭发或者协助查处违反外汇管理案件有功的单位和个人,由外汇管理机关给予奖励,并负责保密。
All entities and individuals who reveal, expose or assist in stopping various activities in violation of exchange regulations on exchange management shall be rewarded and the confidentiality of their identity shall be ensured.
第九条 境内机构的经常项目外汇收入必须调回境内,不得违反国家有关规定将外汇擅自存放在境外。
Article 9 All foreign exchange receipts of domestic entities for current account transactions shall be repatriated and shall not be deposited abroad in violation of the relevant government regulations without authorization.
第十条 境内机构的经常项目外汇收入,应当按照国务院关于结汇、售汇及付汇管理的规定卖给外汇指定银行,或者经批准在外汇指定银行开立外汇帐户。
Article 10 All foreign exchange receipts for current account transactions shall be sold to the designated foreign exchange banks in accordance with the regulations issued by the State Council on the sale and purchase of foreign exchange and making payments in foreign exchange, and such receipts may also be upon approval, deposited in the foreign exchange account at the designated banks for foreign exchange operations.
第十一条 境内机构的经常项目用汇,应当按照国务院关于结汇、售汇及付汇管理的规定,持有效凭证和商业单据向外汇指定银行开立外汇帐户。
Article 11 Purchase of foreign exchange for current account transactions shall be conducted with the designated foreign exchange banks, in accordance with the regulations issued by the State Council on the sale and purchase of foreign exchange and making payments in foreign exchange, upon the presentation of valid documents and commercial bills.
第十二条 境内机构的出口收汇和进口付汇,应当按照国家关于出口收汇核销管理和进口付汇核销管理的规定办理核销。
Article 12 The collection of export proceeds and the payments for imports in foreign exchange by domestic entities shall be processed in accordance with the relevant government regulations governing the verification procedures for export proceeds and import payments.
第十三条 属于个人所有的外汇,可以自行持有,也可以存入银行或者卖给外汇指定银行。
Article 13 Foreign exchange owned by individuals can be held at their own discretion, deposited in banks or sold to the designated foreign exchange banks.
第十四条 个人因私用汇,在规定限额以内购汇。
Article 14 The purchase of foreign exchange for personal travel abroad and other miscellaneous expenses shall be granted within the specified limit.
超过规定限额的个人因私用汇,应当向外汇管理机关提出申请,外汇管理机关认为其申请属实的,可以购汇。
Individuals may apply for the purchase of foreign exchange over and above the limit at the government agencies in charge of foreign exchange.
And the request for such purchase shall be approved if it proves to be for bona fide transactions.
第十五条 个人移居境外后,其境内资产产生的收益,可以持规定的证明材料和有效凭证向外汇指定银行购汇汇出或者携带出境。
Article 15 The remittance and/or carrying of foreign exchange abroad for such income derived from the possession of assets in China shall be granted upon the presentation of the specific certifying documents at the designated foreign exchange banks.
第十六条 居住在境内的中国公民持有的外币支付凭证、外币有价证券等形式的外汇资产,未经外汇管理机关批准,不得携带或者邮寄出境。
Article 16 Foreign assets held by Chinese citizens residing in China in the form of payment instruments and securities denominated in foreign currency etc.shall not be taken or sent abroad without authorization of the exchange administration agencies.
第十七条 驻华机构和来华人员的合法人民币收入,需要汇出境外的,可以持有关证明材料和凭证到外汇指定银行兑付。
Article 17 The purchase of and payment in foreign exchange abroad for the legitimate income in Renminbi for foreign establishments and foreign nationals in China shall be granted upon the presentation of the supporting documents and statement of charges at the designated foreign exchange banks.
第十八条驻华机构和来华人员由境外汇入或者携带入境的外汇,可以自行保存,可以存入银行或者卖给外汇指定银行,也可以持有效凭证汇出或者携带出境。
Article 18 Foreign exchange sent or carried in by foreign establishments and foreign nationals in China can be held at their own discretion, deposited in designated banks or sold to the designated foreign exchange banks.
Such foreign exchange can also be remitted or taken abroad upon the presentation of valid documents.
第十九条 境内机构的资本项目外汇收入,除国务院另有规定外,应当调回境内。
Article 19 Unless otherwise specified by the State Council, all foreign exchange receipts for capital account transactions shall be repatriated.
第二十条 境内机构的资本项目外汇收入,应当按照国家有关规定在外汇指定银行开立外汇帐户;
Article 20 All foreign exchange receipts for capital account transactions shall be placed in the foreign exchange account at the designated foreign exchange banks in accordance with the relevant government regulations;
卖给外汇指定银行的,须经外汇管理机关批准。
such receipts can be also sold to the designated foreign exchange banks upon the approval by the exchange administration agencies.