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 Submission of Import and Export Plans for Enterprises with Foreign Investment in 2001

WaiJingMaoZiTongJinHanZi [2000] No.768

October 25, 2000

Ministries and commissions of the State Council,commissions (departments, bureaus) of Foreign Trade and Economic Cooperation of various provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan, China Offshore Petroleum Corporation and China Oil and Gas Group Corporation:

In order to ensure the continuity and stability of the production in foreign-invested enterprises (FIEs), the following notice is issued concerning the submission of import and export plans for FIEs in 2001:

I.

Scope of the plans

(1)

import plans for goods under general quota and for goods the imported volume of which should be registered (including key industrial or agricultural goods, asbestos, Cymag, tobacco, tows and veneer boards) to be imported by FIEs for manufacture of products for sale on domestic market;

(2)

import plan for electric and mechanic products imported by FIEs for investment or self use;

(3)

Export plan of FIEs for products under export licenses;

(4)

import and export plan of FIEs for poisonous chemical products.

II.

Guideline and requirement for the plan

The authorities of foreign trade and economic co-operation shall formulate a complete plan according to the business scopes, production scales and the ratio between domestic sale and export in the contracts. They should make preliminary examination over the import and export application of FIEs by making reference to the implementation of the plan in the year 2000. The Plan should be submitted through "the Network of Regulation System for Import and Export of FIEs together with a formal explanatory document on the data. The data in the complete plan should be backed by the detailed data of each FIE; otherwise it will be considered invalid.

(1)

For import of key industrial products by FIEs for manufacture of products for sale on the domestic market, chemical fertilizers should be noted clearly whether it is nitrogenous, phosphate, potash or compound fertilizer; processed oil should be noted whether it is fuel oil, kerosene or naphtha.

(2)

Export plan

a.

Foreign-invested enterprises which are included in the annual export plan must be FIEs whose export scale has been approved by MOFTEC or FIEs that had been established before quota or license control and whose export scale has been examined by MOFTEC.

b.

Products exported by FIEs must be self-manufactured products.

c.

Products of which the export quota are subject to the regime of public bidding, payment of fees or involuntary quota shall not be included in this plan; FIEs exporting such products shall proceed the relevant procedures for export.

(3)

Export and import plan for poisonous chemical products

a.

The import plans of poisonous chemical products in 2001 should be formulated according to the import of such products by FIEs from 1997 to 2000 in the region and to the application of the FIEs. The examination over such applications should be in accordance with the Principles and Procedures for the Approval of Import of poisonous chemical products by FIEs issued by MOFTEC in 1997 ( [1997] Waijingmaozi sanhanzi No. 197); and a complete plan should be formulated based on the data collected. The written document, statistic plans and the information provided by FIEs should be submitted to the Foreign Investment Department of MOFTEC at the meeting on the regulation of import and export of FIEs. After examination of the submitted documents and statistics, the Foreign Investment Department will issue the Approval Forms for Import of Poisonous Chemical Products and import licenses can be obtained by the local authorities of foreign trade or foreign investment.

b.

Export of poisonous chemical products shall continue to follow the Principles and Procedures for the Approval of Import of poisonous chemical products by FIEs to go through the necessary procedures.

III.

Requirement for the submission of the plans

The Foreign Trade and Economic Co-operation authorities should submit their plans through the network system to the Foreign Investment Department of MOFTEC before Nov. 20. Their written documents may not be supplemented with the statistics; the statistics transmitted through the network will be considered final. If their plans are not submitted before this date, they plans will be not approved by MOFTEC.

For FIEs whose Chinese partner's competent authority is a Ministry or a Commission under the State Council or China Offshore Petroleum Corporation or China Oil and Gas Group Corporation, their Applications for import and export plans should be submitted by the Ministry, Commission or Corporation to the Department of Foreign Investment of MOFTEC before November 20.

IV.

Date and place for the meeting on the regulation of import and export of FIEs shall be notified later.