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In order to keep China's commitments upon its accession to the World Trade Organization (WTO), quicken up the establishment of socialist market economic system, regulate domestic-funded enterprises to engage in import and export business, promote the development of foreign trade, the Ministry of Commerce decides to adjust the standards and approval procedures for the qualifications to engage in import and export business. We hereby give our notice as follows regarding the relevant issues: I. DOMESTIC-FUNDED IMPORT & EXPORT ENTERPRISES WITH PREFERENCES The domestic-funded enterprises registered in central and western China [central and western China referred to in the present Provisions includes Hebei, Shanxi, Inner Mongolia, Jilin (including Changchun), Helongjiang (including Harbin), Anhui, Jiangxi, He'nan, Hubei (including Wuhan), Hu'nan, Guangxi, Hai'nan, Chongqing, Sichuan (including Chengdu), Guizhou, Yunnan, Tibet, Shaanxi (including Xi'an), Gansu, Qinghai, Ningxia, Xinjiang, Xinjiang Production and Construction Army Corps] may enjoy preferences when applying for the qualifications to engage in the import and export business. In addition, all domestic-funded enterprises registered inside the customs territory of the People's Republic of China shall be governed by uniform policies in respect of the administration of the qualifications to engage in the import and export business. II. QUALIFICATIONS OF DOMESTIC-FUNDED ENTERPRISES FOR IMPORT AND EXPORT BUSINESS & THEIR SCOPE OF BUSINESS The qualifications of domestic-funded enterprises to engage in the import and export business may be divided into two types, namely, the qualification to engage in foreign trade circulation, and the production enterprise's qualification to engage in self-support import and export business (the current policies on enterprises' frontier trade remain unchanged). Their scope of business is provided separately as follows: (1) The qualification to engage in foreign trade circulation. An enterprise with such a qualification may import and export various commodities and technologies (no separate catalogue of imported and exported commodities is annexed), except the commodities and technologies restricted by the State from operation or prohibited from being import and export. (2) The production enterprise's qualification to engage in self-support import and export business. An enterprise with such a qualification may export the products of its own and import the machinery equipment, spare parts, raw and auxiliary materials needed by itself (no separate catalogue of imported and exported commodities is annexed), except the commodities and technologies restricted by the State from operation or prohibited from import and export. An authorized enterprise may, within the scope of its business, freely engage in the import and export business inside the customs and territory of China by various means of trading prescribed by the State. III. QUALIFICATION FOR FOREIGN TRADE CIRCULATION & SELF-SUPPORT IMPORT AND EXPORT BUSINESS The qualification to engage in foreign trade circulation shall be subject to approval, while the production enterprise's qualification to engage in self-support import and export business shall be subject to registration. The Ministry of Commerce authorizes the competent departments of commerce of all provinces, autonomous regions, municipalities directly under the Central Government, cities directly under State planning, and of Harbin, Changchun, Shenyang, Xi'an, Chengdu, Nanjing, Wuhan, Guangzhou, Zhuhai, Shantou, Xinjiang Production and Construction Army Corps, the Administrative Committee of Suzhou Industrial Park (hereinafter uniformly referred to the authorized administrative organs) to approve and register the qualifications to engage in the import and export business and to issue the "Qualification Certificate of the People's Republic of China for the Import and Export Enterprise". The "Qualification Certificate of the People's Republic of China for Import and Export Enterprises" (hereinafter referred to the "Qualification Certificate") is the only effective document proving a domestic-funded enterprise's qualifications to engage in the import and export business. No enterprise, organization or individual may forge, alter, lease, lend, transfer or sell its "Qualification Certificate". IV. CONDITIONS FOR A DOMESTIC-FUNDED ENTERPRISE TO APPLY FOR THE QUALIFICATIONS TO ENGAGE IN THE IMPORT AND EXPORT BUSINESS AND THE MATERIALS TO BE SUBMITTED (1) Conditions And Materials Required For Foreign Trade Circulation A. Conditions 1. It has been registered in the administration for industry and commerce and has obtained the "Business License of Enterprise Legal Person"; 2. Its registered capital is no less than RMB 1 million Yuan (for a domestic-funded enterprise registered in central and western China, the registered capital shall not be lower than RMB 500,000 Yuan); 3. It has made tax registration and pays tax in accordance with the law; and 4. Its legal representative has not, within 3 years, been the legal representative or responsible person of an enterprise whose qualifications to engage in import and export business are revoked. B. Materials to be submitted 1. A written application ; 2. A photocopy of the counterpart of the "Business License of Enterprise Legal Person"; 3. A photocopy of the "Tax Registration Certificate"; 4. A photocopy of the "Organization Code Certificate"; 5. A photocopy of the legal representative's identification card; and 6. Other materials proving that it meets the conditions for applying for the qualification to engage in foreign trade circulation. (2) Conditions And Materials Required For Self-Support Import And Export Business A. Conditions 1. It has been registered in the administration for industry and commerce and has obtained the "Business License of Enterprise Legal Person" or the "Business License"; 2. Its registered capital is no less than RMB 500,000 Yuan; 3. It has made tax registration and pays tax in accordance with the law; and 4. Its legal representative or responsible person has not, within 3 years, been the legal representative or responsible person of an enterprise whose qualification to engage in import and export business is revoked. B. Materials to be submitted 1. A written application ; 2. A photocopy of the counterpart of the "Business License of Enterprise Legal Person" or "Business License"; 3. A photocopy of the "Tax Registration Certificate"; 4. A photocopy of the "Organization Code Certificate"; 5. A photocopy of the legal representative's or responsible person's identification card; 6. A non-legal person enterprise shall provide a photocopy of the capital verification report issued by an accounting firm; and 7. Other materials proving that it meets the conditions for applying for the qualification to engage in self-support import and export business. V. QUALIFICATIONS FOR IMPORT AND EXPORT BUSINESS ¨C PROCEDURES The approval and registration of a domestic-funded enterprise's qualifications to engage in import and export business shall comply with the following procedures and requirements: (1) The enterprise shall apply the qualification to engage in import and export business in the authorized administrative organ at the locality of its registration place. An enterprise shall submit its electronic application through the governmental website of the Ministry of Commerce (www.mofcom.gov.cn) or China International Electronic Commerce Network (www.ec.com.cn), and submit the written application materials to the authorized administrative organ. If the electronic application and the written application materials submitted by the enterprise are complete and inerrable, the authorized administrative organ shall accept them, and make a decision within 10 working days on whether to approve or register it. If the application is approved and registered, the authorized administrative organ shall, within this period, issue the "Qualification Certificate" to the enterprise through the Ministry of Commerce's "Management System for the Qualifications to Engage in Import and Export Business"; while if it is not approved and registered, the authorized administrative organ shall inform the enterprise of the reason in writing within this period; (2) After approving and registering the qualification to engage in the import and export business, the authorized administrative organ shall keep the written application materials and a photocopy of the "Qualification Certificate" submitted by the enterprise in file; and (3) The enterprise holds the "Qualification Certificate" to go through the relevant formalities needed in the import and export business in the departments of industry and commerce, customs, quality inspection, foreign exchange, taxation, etc. VI. OTHERS The present Notice shall come into force on September 1, 2003. Any provision inconsistent with the present Notice shall be abrogated as of the present Notice's entry into force. The regional restrictions that the domestic-funded import and export enterprises in all special economic zones, Shanghai Pudong New Area, Tibet Autonomous Region, Suzhou Industrial Park, and Jiangsu Provincial Private Foreign Trade Enterprises Entrepreneur Park were locally examined, approved and registered, shall be cancelled as of the day when the present Notice comes into force. |
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