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	CIRCULAR OF THE MINISTRY OF COMMERCE ON RELEVANT ISSUES CONCERNING THE RECORD KEEPING AND REGISTRATION OF RIGHT TO FOREIGN TRADE OF FOREIGN-FUNDED ENTERPRISES

	(No. 46 [2004] of the Ministry of Commerce promulgated on August 17, 2004)


SUBJECT : FOREIGN-FUNDED ENTERPRISES; FOREIGN TRADE
ISSUING DEPARTMENT : MINISTRY OF COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 08/17/2004
IMPLEMENT DATE : 07/01/2004
LENGTH : 539 words
TEXT :

The administrative departments of commerce of all provinces, autonomous regions, municipalities directly under the Central Government and all cities directly under state planning:

The Foreign Trade Law of the People's Republic of China (Order No. 15 [2004] of the President of the People's Republic of China) and the Measures for the Record-keeping and Registration of Foreign Trade Operators (No. 14 [2004] of the Ministry of Commerce, hereinafter referred to the "Measures for the Record-keeping and Registration") came into force as of July 1, 2004. Pursuant to Article 14 of the Measures for the Record-keeping and Registration, this Circular is hereby issued with regard to the matters concerning the formalities of record-keeping and registration to be gone through by foreign-funded enterprises.

1. The foreign-funded enterprise lawfully established before July 1, 2004 that hasn't applied for changing its scope of business or adding of any import/export business or any foreign-funded enterprise lawfully established after July 1, 2004 that undertakes import/export of self-use or self-produced goods and technology of this enterprise need not go through the formalities of record-keeping and registration of foreign trade operators.

2. In case a lawfully established foreign-funded enterprise applies for adding any import/export business to its approved scope of business, it shall, in accordance with the Measures for the Record-keeping and Registration, go through the formalities of business addition of an enterprise's business license and, and shall, in accordance with the relevant procedures, go through the formalities of record-keeping and registration (note: no formalities of change is required with regard to the approval certificate for its establishment) on the strength of the approval certificate for its establishment, business license with the business addition made and any other documents required under the Measures for the Record-keeping and Registration. The registration authorities shall affix a stamp indicating "business of distribution of import goods excluded" on the registration form.

3. For any foreign-funded enterprise to be established, if its scope of business applied for by its investor includes a right to import/export of self-use or self-produced goods and technology that are not of this enterprise, the examining and approving authorities shall clearly indicate "business of import/export (business of distribution excluded)" for its scope of business. After its establishment, the enterprise shall go through the formalities of record-keeping and registration in accordance with the Measures for the Record-keeping and Registration. The registration authorities shall affix a stamp indicating "business of distribution of import goods excluded" on the registration form.

4. The record and registration authorities shall not affix the stamp indicating "business of distribution of import goods excluded" when an foreign-funded enterprise go through the formalities of record-keeping and registration in accordance with the relevant provisions of the Measures for the Record-keeping and Registration, if the enterprise has been lawfully approved, in accordance with the Measures for the Administration of Foreign Investment in Commercial Sector (No. 8 [2004] of the Ministry of Commerce), Interim Measures for the Establishment of Chinese-foreign Equity Joint Foreign Trade Companies (No. 1 [2003]of the Ministry of Foreign Trade and Economic Cooperation) and Circular on Relevant Issues concerning the Development of Establishment of Pilot Logistics Foreign-funded Enterprises (Letter No. 615 [2002] of the Ministry of Foreign Trade and Economic Cooperation), to undertake the import/export and distribution business.