近年来,我国同周边国家边境贸易、地方易货贸易(以下简称边地贸易)迅猛发展,对加快边境地区经济发展,促进我国同周边国家的经贸往来,增进我国与周边国家的友好关系,起了积极作用。
In recent years, the frontier trade and local trade in commodity exchange (hereinafter referred to as frontier and local trade) between China and its neighboring countries has developed rapidly and played an active role in speeding up the economic development of the frontier regions, improving the economic and trade flow and enhancing the friendship.
但与此同时,假冒伪劣商品通过边地贸易及“旅游贸易”等各种渠道不断流入独联体等周边国家市场,损害了当地消费者的利益,严重败坏了我国商品的信誉,对外造成很坏影响。
At the same time, fake and low-quality commodities continuously flow into the markets of the Independent Countries Community and other neighboring countries through frontier and local trade, "tourist trade" and other channels, which has infringed upon the interests of local consumers, severely damaged the reputation of our foreign trade and made a very bad impression abroad.
为制止假冒伪劣商品出境,维护我对外贸易信誉,促进边地贸易健康发展,现就有关问题通知如下:
In order to check the flow of the fake and low-quality commodities across the border, safeguard the reputation of our foreign trade and improve the healthy development of frontier and local trade, the following circular is hereby issued concerning this issue.
一、整顿边地贸易经营秩序、制止假冒伪劣商品出境,既是关系边地贸易发展前途和生命力的一件大事,也是关系国家和民族声誉的一个政治问题。
1.
To rectify the management order of frontier and local trade and check the flow of the fake and low-quality commodities across the border is not only an important issue in relation to the future and vitality of the development of frontier and local trade, but also a political issue affecting the reputation of our State and nation.
各级人民政府、各有关部门对此要有充分认识,并采取切实有效措施,抓紧抓好这项工作。
The people's governments at all levels and the departments concerned should fully understand the issue, adopt practical and effective measures and pay close attention to this work.
二、要鼓励、支持中央各部门和各省、自治区、直辖市所属外经贸公司、有进出口经营权的生产企业发挥主渠道作用,采取积极措施,拓展同独联体等周边国家的经贸关系,努力推销出口国产优质合格商品。
2.
Companies of foreign economic relations and trade attached to the departments of the Central Government and provinces, autonomous regions and municipalities directly under the Central Government and the enterprises with the authority of import and export management should be encouraged and supported to play a leading role in adopting active measures, to expand the economic and trading relations with the Independent Countries Community and other neighboring countries, and try to export the State's high quality commodities.
外贸公司和经批准有易货贸易经营权的其他各类企业必须依法经营,遵守国家的有关政策、规定,认真贯彻“以质取胜”战略,不收购、不代理经营假冒伪劣商品。
Companies of foreign economic relations and trade and other enterprises with the approved authority of management of exchange of commodities should manage according to the law, abide by the State policy and regulations, implement conscientiously the strategy of "winning over the consumers by offering them quality goods", and decline to purchase or act as an agent to sell the fake and low-quality commodities.
对实行卫生注册登记的出口商品(如饮料、酒类、小食品、罐头、肉类等),外贸公司和其他有易货贸易经营权的企业必须从获得卫生注册登记证书的生产厂家收购出口。
As for the export commodities required for sanitary registration (such as beverages, wine, canned foods, small foodstuffs, meat, etc.), companies of foreign economic relations and trade and other enterprises with the authority of exchange commodities management should purchase them from those factories with the certificate of sanitary registration.
三、各边境省、自治区对挂靠在有边地贸易经营权企业下面并开展对外经营活动的各类企业(即“挂靠公司”),要认真进行清理,今年10月底以前要将清理结果报外经贸部。
3.
The frontier provinces and autonomous regions should check conscientiously the various enterprises which are linked with the enterprises with the authority of management of frontier and local trade and carrying out activities of foreign relations and trade (i.e. "linking company").
The result of the check-up should be reported to the Ministry of Foreign Economic Relations and Trade before the end of October this year.
四、要加强对生产企业的质量监督管理工作,禁止生产假冒伪劣产品。
4.
The quality control procedures of manufacturing enterprises should be improved in order to halt the manufacture of fake and low-quality products.
对制造和收购出口(或向外国人出售)假冒伪劣产品的企业和个人,要按国务院和有关部门制定的规定进行处罚。
The enterprises and individuals who produce or purchase for export (or sell to aliens) fake and low-quality commodities should be penalized according to the regulations promulgated by the State Council and the departments concerned.
对情节严重、触犯刑律的,要按照全国人大常委会《关于惩治生产、销售伪劣商品犯罪的决定》,移交司法机关,依法追究刑事责任。
Those who have violated the Criminal Law should, according to "The Decision Regarding the Punishment of Criminals Producing and Selling Fake and Low-Quality Commodities" approved by the Standing Committee of the National People's Congress, be handed over to the judicial organs and investigated for their responsibility in the crime according to law.
对举报生产、销售假冒伪劣商品案的有功人员要给予奖励,保护举报人的合法权益。
Rewards shall be given according to the merits to those who have reported the crime of producing or selling fake and low-quality commodities, while their legal rights and interests shall be protected.
五、公安、检察机关对相互勾结、以各种方式贩运假冒伪劣商品出境的违法犯罪行为要依法及时立案侦察,依法严厉打击破坏边地贸易经营秩序的违法犯罪分子。
5.
Public security and procuratorial organs should place a case on file for investigation of the illegal and criminal act of collusion with each other and transportation of fake and low-quality commodities across the border by various means, strike relentless blows at people violating the law or criminals sabotaging the management order of the frontier and local trade.
公安机关要配合工商行政管理机关和技术监督管理机构,坚决清理和取缔加工、生产、储存、销售假冒伪劣商品的窝点,对违法犯罪分子要依法从重惩处。
Public security organ should coordinate with the administrative organs of industry and commerce and the institutions of technological supervision and administration to resolutely check and ban the shelter for processing, producing, storing and selling fake and low-quality commodities and penalize more severely people breaking the law and criminals, according to the law.
六、工商行政管理机关要加强对边民互市和中外民贸市场的管理。
6.
The administrative organs of industry and commerce should strengthen the administration of the frontier's exchange marketing and the frontier market of the Chinese and neighboring countries.
在边民互市或中外民贸市场开展经营活动的工商企业和个体工商户,应严格按照工商行政管理机关核准的经营范围和经营方式进行经营活动。
The industrial and commercial enterprises and individual industrialists or traders engaged in the frontier's market of exchange and the frontier market of the Chinese and neighboring countries should conduct their trading activities sternly following the management range and pattern verified and approved by the administrative organs of industry and commerce.
七、各地技术监督管理机构要对边民互市和中外民贸市场经营的商品进行质量监督检查,加强监督抽查和“打假”的力度,并会同有关执法机关对生产和销售假冒伪劣商品的企业和个人依法从严查处。
7.
The institutions of technological supervision and administration in the locations should supervise and check the quality of the commodities in the markets of exchange and the frontier market of the Chinese and neighboring countries, reinforce supervision, selective examination and the action of "confiscating the fakes" and, together with the executive organs concerned, severely penalize according to the law the enterprises and individuals producing and selling fake and low-quality commodities.
八、出境旅客个人随身携带自用物品,必须遵守国际旅客运输的有关协定和规定;
8.
Travelers leaving the country shall take with them goods for their own use according to the related agreements and regulations concerning international passenger transportation;
无双边或多边协定的,前往独联体各国等国家,应严格按国家和交通运输管理部门有关行李运输的规定办理。
those who go to the countries of the Independent Countries Community which have not signed bilateral or multiple agreements with China should follow strictly the regulations concerning the luggage transportation issued by the State and the administrative organs of communication and transportation.
九、各级商检机构对边地贸易和边民互市贸易出境的商品,一律实行检验。
9.
The institutions in charge of import and export commodities inspection at various levels should inspect and examine all the export commodities of the frontier and local trade and markets of exchange.
当前商检的重点是服装、鞋类、电器、食品等商品。
At present the emphasis of inspection is on commodities such as garments, shoes, electronic equipment and foodstuffs.
合同有规定的按合同检验;
Commodities which are defined by regulations in the contract shall be inspected and examined according to the contract;
合同规定不明确的按我国有关标准检验;没有合同的凭销售发票按我国有关标准检验。
those without specified regulations in the contract shall be inspected and examined according to the related standard of our country; those without contracts shall be inspected and examined with sale receipts according to the related standards of our country.