Relevant Provisions on the Management of Import and Export Business Qualifications

In order to speed up the reform of the foreign trade business system and promote and standardize the import and export business of various types of enterprises, the management of import and export business qualifications of enterprises is now Relevant issues are stipulated as follows:

1. Import and export business qualifications shall be subject to a registration and approval system, following the principles of independent application, openness and transparency, unified standards, and legal supervision. Enterprises of all types of ownership (foreign-invested enterprises, commercial supplies , supply and marketing cooperative enterprises, border small trade enterprises, except enterprises in special economic zones and Pudong New Area, the same below) import and export business qualifications shall be subject to unified standards and management methods.

The Ministry of Foreign Trade and Economic Cooperation authorizes the foreign economic and trade commissions (departments and bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and Harbin, Changchun, Shenyang, Xi'an, Chengdu, Nanjing, Wuhan, Guangzhou, Zhuhai, and Shantou, The Foreign Trade and Economic Cooperation Bureau of the Xinjiang Construction Corps (hereinafter collectively referred to as the authorized issuing authority) is responsible for registering import and export business qualifications and issuing the "Qualification Certificate for Import and Export Enterprises of the People's Republic of China".

2. The import and export business qualifications of enterprises shall be managed in the following categories according to the registered or approved business scope:

(1) Foreign trade circulation operation rights (operating various commodities and technologies) Import and export, except for goods and technologies that are restricted by the state or prohibited from being imported or exported).

(2) Self-operated import and export rights of production enterprises (operating the export business of the enterprise's self-produced products and the import business of machinery and equipment, spare parts, raw and auxiliary materials required by the enterprise, but the state restricts the company Except for goods and technologies that are operated or prohibited from being imported or exported).

When approving or registering the import and export business scope of enterprises, the Ministry of Foreign Trade and Economic Cooperation and the authorized licensing authorities will no longer list the trade methods separately. Enterprises can engage in import and export business in various trade methods in accordance with national regulations.

3. Qualification conditions and required materials for enterprises applying for import and export operation rights

(1) Qualification conditions and required materials for enterprises applying for foreign trade circulation operation rights

1. Qualification conditions

(1) The enterprise should have the qualification of an enterprise legal person, be established for more than one year, be registered with the industrial and commercial administration department and obtain the "Enterprise Legal Person Business License", and handle industrial and commercial procedures in accordance with national regulations. Annual inspection and passed the annual inspection.

(2) The registered capital (fund) shall not be less than RMB 5 million (not less than RMB 3 million in the central and western regions, the same currency applies below).

(3) Have gone through tax registration, paid taxes in accordance with the law, gone through the annual tax inspection in accordance with national regulations and passed the annual inspection.

(4) The legal representative or person in charge of the enterprise has not served as the legal representative or person in charge of an enterprise whose foreign trade license has been revoked within 3 years (referring to the legal representative or person in charge of the enterprise) During the period of employment, the enterprise's foreign trade operating license was revoked if it violated laws and regulations).

2. Materials required to be submitted

(1) Written application from the enterprise.

(2) A copy of the annual inspection of the "Enterprise Legal Person Business License" (signed and sealed by the industrial and commercial administration department).

(3) A copy of the annual audited "Tax Registration Certificate".

(4) A copy of the ID card of the legal representative registered in the "Enterprise Legal Person Business License".

(5) Other materials that need to be declared.

(2) Qualification conditions and required materials for production enterprises to apply for self-operated import and export rights

1. Qualification conditions

(1) Enterprises should possess Enterprise legal person status or a sole proprietorship or partnership established in accordance with the law (hereinafter collectively referred to as an enterprise) shall be registered with the industrial and commercial administration department and obtain an "Enterprise Legal Person Business License" or "Business License".

(2) The registered capital (fund) of an enterprise shall not be less than 3 million yuan (not less than 2 million yuan in central and western regions and minority areas, and shall not be less than 2 million yuan for scientific research institutes, high-tech enterprises and mechanical and electrical product manufacturing enterprises). less than 1 million yuan).

(3) Have gone through tax registration and paid taxes in accordance with the law.

(4) The legal representative or person in charge of the enterprise has not served as the legal representative or person in charge of an enterprise whose foreign trade license has been revoked within 3 years (referring to the legal representative or person in charge of the enterprise) During the period of employment, the enterprise's foreign trade operating license was revoked if it violated laws and regulations).

2. Materials required to be submitted:

(1) Written application from the enterprise.

(2) A copy of the "Enterprise Legal Person Business License" or "Business License" that has been inspected annually (signed and sealed by the industrial and commercial administration department).

(3) A copy of the annual audited "Tax Registration Certificate".

(4) A copy of the "National Organization Code Certificate".

(5) A copy of the ID card of the legal representative registered in the "Enterprise Legal Person Business License" or the person in charge registered in the "Business License".

(6) Sole proprietorships and partnerships must submit a capital verification report issued by an accounting firm, an audit firm or other institutions with capital verification qualifications.

(7) High-tech enterprises and mechanical and electrical product manufacturing enterprises must submit copies of certificates from the science and technology authorities or relevant departments.

(8) Other materials that need to be declared.

4. The registration and approval of import and export business qualifications should comply with the prescribed procedures and requirements.

(1) When an enterprise applies for import and export business qualifications, it must go to the local provincial or municipal authorized licensing authority. After the application materials submitted by the enterprise are complete, the authorized issuing authority will accept them.

To apply for self-operated import and export rights, the authorized licensing authority shall make a decision on whether to approve registration or not within 10 working days from the date of receipt of the application. Those approved for registration will be issued the "Qualification Certificate of the People's Republic of China for Import and Export Enterprises". If registration is not allowed, the reasons shall be explained.

Application for foreign trade circulation management rights shall be approved by the Ministry of Foreign Trade and Economic Cooperation. Local enterprises shall be submitted to the Ministry of Foreign Trade and Economic Cooperation for approval by the authorized licensing authority; central enterprises and their affiliated enterprises shall be reported to the Ministry of Foreign Trade and Economic Cooperation for approval by the central enterprises. The Ministry of Foreign Trade and Economic Cooperation will give a reply of approval or disapproval within 10 working days from the date of receipt of the report from the authorized licensing authority or central enterprise. The authorized issuing authority shall issue the "Qualification Certificate of the People's Republic of China for Import and Export Enterprises" within 5 working days after receiving the approval document from the Ministry of Foreign Trade and Economic Cooperation.

(2) After registering the import and export business qualifications, the authorized issuing authority shall archive the materials submitted by the enterprise together with a copy of the "Qualification Certificate for Import and Export Enterprises of the People's Republic of China" and archive them. The relevant data contained in the "Qualification Certificate of the People's Republic of China for Import and Export Enterprises" shall be submitted to the Ministry of Foreign Trade and Economic Cooperation via the Internet.

(3) With the "Qualification Certificate of the People's Republic of China for Import and Export Enterprises", the enterprise shall go to the industry and commerce, customs, quality supervision, inspection and quarantine, foreign exchange administration, and taxation departments to handle the relevant matters required to carry out import and export business. formalities.

5. Standardize the business behavior of various import and export enterprises. After obtaining the import and export business qualification, an enterprise shall abide by laws, regulations and relevant provisions to engage in import and export business, and shall declare customs, submit inspections, settle and use foreign exchange and handle export tax refunds in accordance with relevant national regulations.

(1) Various types of import and export enterprises shall not allow other enterprises to sign import and export contracts in their own names, handle customs declarations, inspections, settlement of foreign exchange, use of foreign exchange and export tax refunds through affiliation or borrowing rights. Enterprises must strengthen internal management, establish and improve an operating mechanism with clear rights and responsibilities and effective restrictions, prevent the selling or disguised selling of import and export business qualifications, and prevent illegal activities such as smuggling, evasion of exchange, and defrauding of export tax refunds.

(2) To engage in the import and export business of goods subject to national quota and license management, you should apply for quotas and licenses in accordance with laws, regulations and relevant regulations.

(3) Join the Chamber of Commerce for Import and Export as required.

6. All authorized license-issuing agencies should strengthen communication with departments such as industry and commerce, customs, quality supervision, inspection and quarantine, foreign exchange administration, taxation, etc., establish corresponding contact systems, and improve the regulations of the People's Republic of China and the State Council. Annual Review Measures for Import and Export Enterprise Qualification Certificates, and actively cooperate with the work of relevant departments.

(1) From January 1st to April 30th every year, the authorized issuing authority conducts the annual review of the "People's Republic of China Import and Export Enterprise Qualification Certificate". Where conditions permit, joint annual reviews can be implemented with relevant departments.

(2) The authorized issuing authority shall confirm whether the enterprise has the qualifications based on the annual review materials submitted by the enterprise, as well as the materials provided by the Customs, Quality Supervision, Inspection and Quarantine, Foreign Exchange Administration, Taxation and other departments that the enterprise operates in accordance with the law. Qualifications to continue engaging in import and export business.

(3) Improve the credit management and file management of enterprises. For enterprises subject to administrative penalties, the authorized issuing authority must record them on the "Qualification Certificate of the People's Republic of China for Import and Export Enterprises" Illegal and illegal business activities and administrative penalties received, and relevant data will be submitted to the Ministry of Foreign Trade and Economic Cooperation via the Internet.

The authorized issuing authority shall promptly notify the customs, taxation, industry and commerce, foreign exchange and other relevant departments of the list of punished enterprises, and implement preventive management of the business activities of enterprises with bad records.

(4) If the name, business place, legal representative or person in charge, and import and export business scope of an enterprise change, the "People's Republic of China Import and Export Enterprise Qualification Certificate" should be applied for at the authorized issuing authority. 》Change procedures. The authorized issuing authority shall submit the relevant data to the Ministry of Foreign Trade and Economic Cooperation via the Internet.

(5) The "Qualification Certificate of the People's Republic of China for Import and Export Enterprises" may not be forged, altered, rented, loaned, transferred or sold. When an enterprise uses a copy of the "Qualification Certificate for Import and Export Enterprises of the People's Republic of China", it must be stamped with the seal of the authorized issuing authority to be valid.

7. Further strengthen and improve the supervision system, impose administrative penalties on enterprises that violate laws and regulations strictly in accordance with the law, and establish an import and export business qualification management system with access and exit.

(1) For import and export enterprises that constitute smuggling and violate customs supervision, in accordance with the Foreign Trade Law of the People's Republic of China and the "Foreign Trade Law of the People's Republic of China" and the "Foreign Trade Law of the People's Republic of China" and the "Foreign Trade Law of the People's Republic of China" and the "Foreign Trade Law of the People's Republic of China" and the "Foreign Trade Law of the People's Republic of China" and the "Foreign Trade Law of the People's Republic of China" "Interim Provisions on Administrative Penalties for International Freight Forwarding Business Licenses" ([1998] Foreign Economic and Trade Administration No. 929, jointly issued by the Ministry of Foreign Trade and Economic Cooperation and the General Administration of Customs, hereinafter referred to as the "Interim Provisions") shall impose corresponding administrative penalties.

(2) For import and export enterprises that constitute foreign exchange evasion and arbitrage, in accordance with the "Decision of the State Council on resolutely cracking down on fraudulent export tax refunds and severely punishing illegal and disciplinary behaviors in the financial and taxation fields" (Guofa [1996] No. 4, (hereinafter referred to as the "Decision") and the "Interim Provisions of the Ministry of Foreign Trade and Economic Cooperation on Administrative Penalties on Foreign Economic and Trade Enterprises for Evading and Arbitraging Foreign Exchange" ([1998] Foreign Economic and Trade Jicaifa No. 713) impose corresponding administrative penalties.

(3) For import and export enterprises that constitute fraudulent export tax refunds, in accordance with the "Decision" and the "Interim Provisions on Administrative Penalties for Enterprises Fraudulent for Export Tax Refunds" ([2000] Foreign Economic and Trade Development No. 513 , jointly issued by the Ministry of Foreign Trade and Economic Cooperation and the State Administration of Taxation) shall impose corresponding administrative penalties.

(4) For import and export enterprises that forge, alter, buy and sell import and export licenses, quotas, and import and export origin certificates, in accordance with the "Foreign Trade Law of the People's Republic of China" and " The Interim Provisions will impose corresponding administrative penalties.

(5) For enterprises whose export products are accused of dumping and do not participate in responding to the lawsuit, according to the Ministry of Foreign Trade and Economic Cooperation's "Several Provisions on Encouraging and Supervising Enterprises to Participate in Responding to Foreign Anti-dumping Cases" ([1999] Foreign Trade and Economic Cooperation Law No. 3) shall impose corresponding administrative penalties.

(6) Enterprises that export counterfeit and shoddy goods, after being identified by the customs, industrial and commercial administration departments, quality supervision, inspection and quarantine departments or judicial departments, will be given the following administrative penalties: exporting counterfeit and shoddy goods for the first time and the export volume is more than 50 If the first export of counterfeit and shoddy goods is more than 500,000 U.S. dollars and less than 1 million U.S. dollars, an administrative penalty of suspending the foreign trade license for one year will be imposed; if the first export of counterfeit and shoddy goods is more than 1 million U.S. dollars, a penalty may be imposed. If the company still exports counterfeit and inferior goods within the next two years, it will be subject to administrative penalties of revoking its foreign trade license.

(7) The following administrative penalties will be imposed on enterprises that commit trademark infringement: If they are punished by customs or industrial and commercial administration departments for trademark infringement, but have not yet constituted a crime, they will be suspended from foreign trade operations for one year. Licensing penalties; if serious infringement occurs, causing significant economic losses to the trademark owner and is determined by the judicial department or ruled by an arbitration institution, the administrative penalty of revoking the foreign trade license will be imposed.

(8) An enterprise whose foreign trade business license has been revoked will not be allowed to re-register or re-approval its import and export business qualifications within three years from the date of revocation.

(9) Enterprises that fail to apply for and conduct the annual review of the "People's Republic of China Import and Export Enterprise Qualification Certificate" as required will be deemed to have automatically given up and canceled their import and export business qualifications, and will automatically The registration or approval of import and export business qualifications shall not be re-registered within one year from the date of cancellation.

8. If any staff member of the Ministry of Foreign Trade and Economic Cooperation and the authorized certification-issuing agency violates these regulations, engages in fraud, serious dereliction of duty, abuses power, commits malpractice for personal gain, solicits and accepts bribes, he shall be given administrative sanctions according to the circumstances; if he violates the criminal law, he shall be punished by The judicial authorities shall investigate criminal liability in accordance with the law.

9. The authorized certificate-issuing authority discovers that the legal representative or person in charge of the enterprise has circumstances that prohibit him from serving as the legal representative of the enterprise as stipulated in the "Regulations on Registration and Management of Legal Representatives of Enterprise Legal Persons", and fails to comply with relevant regulations. Enterprises that change their legal representative or person in charge should report it to the industrial and commercial administration department. Those who have already obtained import and export business qualifications shall have their import and export business qualifications cancelled; those who apply for import and export business qualifications shall not be processed.

10. The qualification conditions and management measures for the import and export business qualifications of commercial supplies, supply and marketing cooperative enterprises, border small trade enterprises, special economic zones and Pudong New Area enterprises, as well as foreign-invested enterprises engaged in import and export business, are still Follow current regulations.

11. If an import and export company that has been established by a production enterprise obtains the right to operate import and export operations, it is deemed to have obtained the right to operate foreign trade circulation. The enterprise should go to the original authorized issuing authority to apply for the "People's Republic of China* Certificate" within the specified time. ** Procedures for changing items such as "China Import and Export Enterprise Qualification Certificate" and "Enterprise Type".

This regulation shall come into effect from the date of issuance. Any regulations that are inconsistent with these regulations will be abolished from the date of promulgation of these regulations.