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TABLE OF CONTENTS CHAPTER I GENERAL PRINCIPLES CHAPTER II CLASSIFICATION OF THE IMPORT & EXPORT QUALIFICATIONS OF ENTERPRISES CHAPTER III QUALIFICATIONS AND DOCUMENTS REQUIRED FOR IMPORT & EXPORT RIGHTS CHAPTERIV REGISTRATION AND APPROVAL PROCEDURES FOR IMPORT & EXPORT QUALIFICATION CHAPTER V REGULATING OF THE ACTIVITIES OF IMPORT AND EXPORT ENTERPRISES CHAPTER VI AUTHORIZED CERTIFICAT-ISSUING DEPARTMENTS CHAPTER VII ADMINISTRATIVE PUNISHMENTS FOR VIOLATION OF LAWS AND RULES CHAPTER VIII PERSONNEL OF MOFTEC OR THE AUTHORIZED CERTIFICATE-ISSUING DEPARTMENTS VIOLATING ANY OF THE PRESENT RULES CHAPTER IX RREPORT CHAPTER X EXCEPTION CHAPTER XI OTHER To accelerate the reform of foreign trade system, promote and standardize the import & export operations of enterprises of all kinds, relevant issues of the administration of import & export qualifications of enterprises are hereby provided for as follows: CHAPTER I GENERAL PRINCIPLES A system of registration, verification and approval shall be installed to administrate the import and export qualifications, with the principles of voluntary application, openness & transparency, uniformity & standardization, and supervision according to law. Uniform standards and administrative rules concerning import and export qualifications will be applicable to enterprises of various ownerships (exclusive of foreign-funded enterprises, enterprises of commercial goods and materials, supply & marketing cooperatives, small-scale enterprises engaged in border foreign trade and enterprises located within the special economic zones and Pudong New Zone; the same as below). MOFTEC will authorize the commissions (departments, bureaus) of foreign trade and economic cooperation of all provinces, autonomous regions, municipalities directly under the Central Government, cities directly under State Planning, Harbin, Changchun, Shenyang, Xi'an, Chengdu, Nanjing, Wuhan, Guangzhou, Zhuhai, Shantou and Xinjiang Production and Construction Corps (hereinafter jointly referred to the authorized certificate-issuing organs) to be in charge of processing the registration of import and export qualifications and verifying & approving the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations. CHAPTER II CLASSIFICATION OF THE IMPORT & EXPORT QUALIFICATIONS OF ENTERPRISES The import & export qualifications of enterprises will be administrated in accordance with their registered or approved business scope under the classification as follows: (1) Foreign trade circulating rights (import & export of various kinds of commodities and technologies, exclusive of those commodities and technologies designated by the state to be dealt in by specific companies or prohibited from import and export); and (2) Self-operating import & export rights (export of self-manufactured products of the enterprise and import of machinery, equipments, parts, and raw & subsidiary materials, exclusive of those commodities and technologies designated by the state to be dealt in by specific companies or prohibited from import and export). The MOFTEC and the authorized certificate-issuing organs will no longer list the items of trade mode separately in the verification, approval or registration of the scope of import & export operations of the enterprises; when engaging in import & export operations, an enterprise is accessible to various trade modes in accordance with the provisions of the state. CHAPTER III QUALIFICATIONS AND DOCUMENTS REQUIRED FOR IMPORT & EXPORT RIGHTS Qualifications / conditions of enterprises in the application for import & export rights and the documents required to be submitted are as follows: (1) Import & Export Trading Rights And The Documents Required 1. Qualifications / conditions: a. The enterprise shall have the status as a legal person, have been established for more than a year, have obtained the Business License for the Enterprise as a Legal Person upon registration with the administration for industry and commerce, and have gone through and passed the annual inspection on industry and commerce; b. The registered capital (fund) shall not be less than 5,000,000 yuan(not less than 3,000,000 yuan in the country's central or western regions; the currency type is the same below); c. The enterprise has gone through tax registration, paid taxes according to law, gone through and passed the annual inspection on tax; and d. The legal representative or responsible person of the enterprise has not assumed the post of legal representative or responsible person within 3 years in the enterprise whose foreign trade license has been revoked (this refers to the revocation of the enterprise's foreign trade license due to illegal conducts or improper acts during the period when the person in question serves as the legal representative or responsible person of the enterprise). 2. Documents required to be submitted: a. A written application of the enterprise; b. A photocopy of the Business License of the Enterprise as a Legal Person after annual inspection (signed and sealed by the administration for industry and commerce); c. A photocopy of the tax registration certificate after annual examination; d. A photocopy of the identification card of the legal representative set down in the Business License of the Enterprise as a Legal Person; and e. Other documents required to be submitted. (2) Self-Operating Import & Export Rights And Documents Required 1. Qualifications / conditions: a. The enterprise shall have the status as a legal person or be an enterprise with solely private ownership or a partnership enterprise (hereinafter jointly referred to the enterprise), and have obtained the Business License of the Enterprise as a Legal Person or the Business License upon registration with the administration for industry and commerce; b. The registered capital (fund) of the enterprise shall not be less than 3,000,000 yuan (not less than 2,000,000 yuan in the country's central and western regions as well as the minority ethnic group regions, and not less than 1,000,000 yuan for a research institute, new & high-tech enterprise or enterprise for manufacturing mechanical & electric products; c. The enterprise has gone through tax registration and paid taxes according to law; and d. The legal representative or person-in-charge of the enterprise has not assumed the post of legal representative or responsible person within 3 years in the enterprise whose foreign trade license has been revoked (this refers to the revocation of the enterprise's foreign trade license due to illegal conducts or improper acts during the period when the person in question serves as the legal representative or responsible person of the enterprise). 2. Documents required to be submitted¡êo a. The written application of the enterprise; b. A photocopy of the Business License of the Enterprise as a Legal Person or the Business License after annual inspection (signed and sealed by the administration for industry and commerce); c. A photocopy of the tax registration certificate after annual examination; d. A photocopy of the National Organization Code Certificate; e. A photocopy of the identification card of the legal representative set down in the Business License of the Enterprise as a Legal Person or the Business License; f. The capital verification report issued by an accounting firm, auditing firm or other organization qualified for capital verification, in case of an enterprise with solely private ownership or a partnership enterprise; g. A photocopy of the certificate issued by the department in charge of science and technology or the relevant departments, in case of a new & high-tech enterprise or enterprise for manufacturing mechanical & electric products; and h. Other documents required to be submitted. CHAPTERIV REGISTRATION AND APPROVAL PROCEDURES FOR IMPORT & EXPORT QUALIFICATION The processing of registration, verification and approval of import & export qualifications shall conform to the prescribed procedures and requirements. (1) The enterprise applying for import & export rights shall have its application processed by the authorized certificate-issuing organ of the province or municipality where it is located. The authorized certificate-issuing organ may not accept the application unless all the required documents have been received. For an application for import and export rights, the authorized certificate-issuing organ shall, within 10 working days from receipt of the application, make a decision of approval or disapproval on its registration, issue the Certificate of Approval of the People's Republic of China for Enterprises qualified for Import and Export Operations if approval is granted, and give reasons if disapproval is to be granted. The application for foreign trade circulating rights shall be subject to the verification and approval of the MOFTEC. The application by a local enterprise shall be submitted via the authorized certificate-issuing organ to MOFTEC for verification and approval; the application by a central enterprise and the subsidiaries thereof shall be submitted by the central enterprise to MOFTEC for verification and approval. MOFTEC shall, within 10 working days from receipt of the report from the authorized certificate-issuing organ or the central enterprise, make a decision of approval or disapproval on the application. The authorized certificate-issuing organ shall issue the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations within 5 working days from receipt of the approval document from the MOFTEC; (2) The authorized certificate-issuing organ shall, after the registration of an enterprise's import and export qualifications, file the documents submitted by the enterprise together with a photocopy of the issued Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations and, through the network, submit the relevant data indicated in the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations to the MOFTEC; and (3) By the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations, the enterprise shall go through the relevant formalities for import and export operations respectively with the administrations for (of) industry and commerce, customs, quality supervision, inspection and quarantine, foreign exchange and taxation. CHAPTER V REGULATING OF THE ACTIVITIES OF IMPORT AND EXPORT ENTERPRISES Having obtained the import & export rights, the enterprises shall conduct their import and export operations in accordance with the laws, regulations and other relevant provisions, and make customs declarations, apply for inspections, and make settlement and use of exchange and handle export tax refund according to the relevant provisions of the state. (1) An import and export enterprise of any kind is prohibited from allowing other enterprises to conclude import or export contracts or make customs declarations, apply for inspections, or make settlement and use of exchange or handle export tax refund in its own name by affiliation or borrowing its import and export rights. The enterprise shall not sell its import and export rights explicitly or in disguised forms, nor shall it commit such acts in violation of laws or rules as smuggling, illegally keeping or acquiring foreign exchange and fraudulently getting export tax refund. (2) Those engaging in the import and export of goods subject to quota or license control shall apply for such quota or license in accordance with the laws, regulations and other relevant provisions. (3) The enterprise shall join the Chamber of Import and Export Enterprises according to the relevant provisions. CHAPTER VI AUTHORIZED CERTIFICAT-ISSUING DEPARTMENTS Various authorized certificate-issuing organs shall establish a matching contact system for enhancing the communication with the administrations for (of) industry and commerce, customs, quality supervision, inspection and quarantine, foreign exchange and taxation, improve the measures for annual inspection on the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations, and support the work of the relevant departments. (1) The authorized certificate-issuing organs shall conduct annual inspection on the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations from January 1 to April 30 each year. In places where conditions permit, the annual inspection may be conducted in conjunction with the relevant departments. (2) The authorized certificate-issuing organs shall determine whether an enterprise may continue to have import and export rights based on the documents submitted by the enterprise for annual inspection and the materials provided by the administrations of customs, quality supervision, inspection and quarantine, foreign exchange and taxation concerning the business activities of the enterprise. (3) The credit management and file management on enterprises shall be improved. For any enterprise that is given an administrative punishment, the authorized certificate-issuing organ shall record its acts in violation of laws or rules and the administrative punishment imposed in its Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations and, through the network, submit the relevant data to the MOFTEC. The authorized certificate-issuing organ shall report the list of enterprises punished to the administrations of (for) customs, industry and commerce, foreign exchange and taxation, and practice preventive control over the business activities of the enterprises with bad records. (4) In case of any change in its name, business site, legal representative or person-in-charge or scope of import and export operations, the enterprise shall go through the formalities to modify its Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations with the authorized certificate-issuing organ, which shall, through the network, submit the relevant data to MOFTEC. (5) It is forbidden to falsify, alter, lease, lend, transfer or sell the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations. No photocopy of the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations shall be valid unless sealed by the authorized certificate-issuing organ. CHAPTER VII ADMINISTRATIVE PUNISHMENTS FOR VIOLATION OF LAWS AND RULES Further strengthen and improve the supervision system, mete out administrative punishments on the enterprises committing violation of laws or rules in strict conformity to law, and establish an administrative system featuring both entry and disqualification mechanisms for import and export rights of the enterprises. (1) Any import and export enterprise engaging in smuggling or violating customs surveillance & control shall be given an administrative punishment in accordance with the Foreign Trade Law of the People's Republic of China and the Interim Provisions for Administrative Punishments Such as Warning, Suspension or Revocation of License of Foreign Trade or International Shipping Agent on Enterprises Committing Violation of Rules or Engaging in Smuggling (No. 929 [1998], issued jointly by MOFTEC and the General Administration of Customs; hereinafter referred to the Interim Provisions). (2) Any import and export enterprise illegally keeping or acquiring foreign exchange shall be given an administrative punishment in accordance with the Decision of the State Council on Resolutely Cracking Down Acts of Fraudulently Getting Export Tax Refund and Severely Punishing Illegal Acts in Financial and Taxation Sectors (No. 4 [1996] of the State Council; hereinafter referred to the Decision) and the Interim Provisions of MOFTEC for Imposing Administrative Punishment on Foreign Trade Enterprises Illegally Keeping or Acquiring Foreign Exchange (No. 713 [1998] of the MOFTEC). (3) Any import and export enterprise getting export tax refund by fraud shall be given an administrative punishment in accordance with the Decision and the Interim Provisions for Imposing Administrative Punishment on Enterprises Getting Export Tax Refund by Fraud (No.513[2000], issued jointly by MOFTEC and the State Administration of Taxation). (4) Any import and export enterprise falsifying, altering, buying or selling import or export license, quota or certificate of origin shall be given an administrative punishment in accordance with the Foreign Trade Law of the People's Republic of China and the Interim Provisions. (5) Any enterprise failing to respond to action for the alleged dumping of their exported products shall be given an administrative punishment in accordance with the Provisions for Encouraging and Urging Enterprises to Respond to Dumping Cases Abroad (No. 3 [1999] of the MOFTEC). (6) Any enterprise verified by the administrations of (for) customs, industry and commerce, quality supervision, inspection and quarantine or the judicial organ as exporting fake and shoddy goods shall be given a warning in case of exporting fake and shoddy goods in a volume of less than 500,000 US dollars for the first time, or an administrative punishment of suspension of its license for engaging in foreign trade within a year in case of exporting fake and shoddy goods in a volume of not less than 500,000 but not up to 1 million US dollars for the first time, or an administrative punishment of revocation of its license for engaging in foreign trade in case of exporting fake and shoddy goods in a volume of not less than 1 million US dollars for the first time or exporting fake and shoddy goods for the second time within two years after the last punishment. (7) Any enterprise committing trademark infringement shall be given a punishment of suspension of its license for engaging in foreign trade within a year, if it has been punished by the customs or the administration for industry and commerce for their trademark infringement that does not constitute a crime, or be given an administrative punishment of revocation of its license for engaging in foreign trade, if it has been verified by the judicial organ or ruled by an arbitral body as having committed grave trademark infringement and caused heavy damage to the owner of the trademark. (8) Enterprises whose license for engaging in foreign trade has been revoked may not make a fresh application for the registration, verification and approval of import and export rights within three years from the date of such revocation. (9) Enterprises failing to apply for the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations or go through the annual examination shall be regarded as automatically giving up and being cancelled of import and export rights, and may not make fresh application for the registration or verification of import and export rights in a year from the such cancellation. CHAPTER VIII PERSONNEL OF MOFTEC OR THE AUTHORIZED CERTIFICATE-ISSUING DEPARTMENTS VIOLATING ANY OF THE PRESENT RULES Any personnel of the MOFTEC or the authorized certificate-issuing organ who violates any of these Rules, practices fraud, conducts serious negligence, abuses power for personal gains, solicits or accepts bribes, shall be given an administrative sanction in accordance with the seriousness of the circumstances or, in case of violation of criminal law, be investigated by the judicial organ for criminal liability purposes according to law. CHAPTER IX RREPORT The authorized certificate-issuing organ shall report an enterprise to the administration for industry and commerce if the legal representative or responsible person of the enterprise falls into any circumstances in which, according to the Provisions for the Registration and Administration of Legal Representatives of Enterprise Legal Persons, a person may not assume the post of legal representative of any enterprise, but the enterprise failed to make changes in the registration of their legal representative or responsible person. Those having obtained the import and export rights shall be disqualified for such rights, while those in the process of applying for import and export rights shall be rejected. CHAPTER X EXCEPTION For qualifications / conditions and administrative measures for import and export rights of enterprises of commercial goods and materials, supply and marketing cooperatives, small-scale enterprises of border trade, and enterprises within special economic zones and Pudong New Zone, the existing provisions shall continue to be observed. CHAPTER XI OTHER Import and export companies established by production enterprises, which have already obtained the import and export rights, shall be regarded as having obtained the foreign trade circulating rights, and such enterprises shall, within the prescribed time limit, make changes in the registration of "category of enterprise" in the Certificate of Approval of the People's Republic of China for Enterprises Qualified for Import & Export Operations with the original authorized certificate-issuing organ. These Provisions shall come into force as of the date when it is issued. Any provisions inconsistent with these Provisions shall be abrogated as of the same day. Attachment: Notice on the Verification and Approval of Import & Export Rights of x x x Company (omitted) |
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