Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on Affirming the Export Enterprises of Products and the Enterprises with Advanced Technology among Enterprises with Foreign Investment

WaiJingMaoZiZi [1986] No.210

November 13, 1986

The people's governments of various provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State plan, special economic zones and open coastal cities and each department, commission and bureau of the State's Council and the International Trust and Investment Company of China:

After the Provisions of the State Council on Encouraging Foreign Investment are promulgated, each region and department has already carried out it actively and earnestly. With a view to examining and affirming the export enterprises of products and the enterprise with advanced technology, the Ministry of Foreign Trade and Economic Cooperation is drafting Measures on Affirming the Export Enterprises of Products and the Enterprises with Advanced Technology among the Enterprises with Foreign Investment according to opinions of the leading team of the State Council in charge of foreign investment. Before the unified Measures are promulgated, please implement according to this circular.

1.

Together with the relevant departments in the same level, the departments (commissions, bureaus) of foreign trade and economic cooperation of various provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State plan, and special economic zones have the right to affirm the export enterprises of products and the enterprise with advanced technology in the enterprises with foreign investment approved to establish before the promulgation of the Provisions of the State Council on Encouraging Foreign Investment and bring forth the certification. The two kinds enterprises of the open coastal cities can be affirmed by the departments of trade and economic cooperation of the provinces, autonomous regions together with the departments in the same level, which bring forth the certification. The two kinds enterprises of the ministries, commissions and bureaus of the State Council should be affirmed by the Ministry of Foreign Trade and Economic Cooperation together with the relevant departments, which bring forth the certification.

After the Provisions are promulgated, the export enterprises of products and the enterprise with advanced technology established newly are affirmed by the Ministry of Trade and Economic Cooperation or the departments (commissions, bureaus) of various provinces, autonomous regions, municipalities directly under the central government, municipalities separately listed on the State plan, and special economic zones together with the relevant departments according to the power of examining and approving contracts, which bring forth the certification.

2.

From the day promulgating the Provisions to the day issuing this circular, the affirmation of the export enterprises of products and the enterprise with advanced technology made by various provinces, autonomous regions, municipalities directly under the Central Government, municipalities directly under the State plan, special economic zones and cities authorized by provinces and autonomous regions is still effective. The two kinds enterprises affirmed by provinces, autonomous regions and municipalities directly under the Central Government should be filed to the departments of trade and economic cooperation of the provinces, autonomous regions for records, which bring forth the certification. The affirmation made after the issue of this Circular should be dealt according to Article 1 of this Circular.

3.

The procedures of affirming the export enterprises of products and the enterprise with advanced technology are: The enterprises make applications to the departments of trade and economic cooperation of the provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State plan, and special economic zones through the local departments of trade and economic cooperation, and then the departments of trade and economic cooperation of provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State plan, and special economic zones will examine and affirm the enterprises together with the relevant departments according to the application of the enterprises. The name list of the examined and affirmed enterprises and relevant documents should be filed to the Ministry of Foreign Trade and Economic Cooperation for records. At the same time, they are reported to their local departments of industry and commerce, taxation, foreign exchange, bank, customs, finance, labor, urban construction and other relevant departments in the same level as the evidence of enjoying various preferential treatments. The report can work as the basis of transacting procedures to enjoy the favorable treatment. The two kinds enterprises held by the ministries, commissions and bureaus of the State Council should make applications to the Ministry of Foreign Trade and Economic Cooperation through the departments in charge and be examined and approved by the Ministry of Foreign Trade and Economic Cooperation together with the relevant departments, which bring forth the certification.

4.

Every local government should deal the affirmation of the two kinds of enterprises with discretion. Don't hurry to make affirmation when you are not certain with the enterprises with advanced technology and the method of making affirmation from the easy batches to the difficult ones can be adopted.