Laws of the People's Republic of China

the Ministry of Commerce

Circular of the Ministry of Commerce on Relevant Issues concerning the Archival-filing and Registration of Right to Foreign Trade of Foreign-funded Enterprises

Shang Zi Han [2004] No. 46

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

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 Archival-filing and Registration of Foreign Trade Operators (No. 14 [2004] of the Ministry of Commerce, hereinafter referred to the "Measures for the Archival-filing and Registration") came into force as of July 1, 2004. According to Article 14 of the Measures for the Archival-filing and Registration, this Circular is hereby notified with regard to the matters concerning the procedures for archival-filing and registration to be gone through by foreign-funded enterprises.

1.

Any foreign-funded enterprise established according to law 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 established according to law 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 procedures for archival-filing and registration of foreign trade operators.

2.

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

4.

In accordance with the Measures for the Administration of Foreign Investment in Commercial Sector (Decree No. 8 [2004] of the Ministry of Commerce), Interim Measures for the Establishment of Chinese-foreign Equity Joint Foreign Trade Companies (Decree 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), where an foreign-funded enterprise approved to undertake the import/export and distribution business according to law goes through the procedures for archival-filing and registration according to the relevant provisions of the Measures for the Archival-filing and Registration, the archival-filing and registration authorities shall not affix the stamp indicating "business of distribution of import goods excluded".

The Ministry of Commerce

August 17, 2004