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 the Unified Annual Check, Change of the Approval Certificate and Implementation of the Code of Imports and Exports Enterprises to the Enterprise with Foreign Investment by the Departments of Foreign Trade and Economic Cooperation

WaiJingMaoZiZongHanZi [1997] No.640

December 2, 1997

The commissions (departments,bureaus) of foreign trade and economic cooperation of various provinces, autonomous regions and municipalities directly under the Central Government, municipalities separately listed on the State plan, Harbin, Changchun, Shenyang, Wuhan, Nanjing, Guangzhou, Xi'an, and Shenzhen bureau of Merchants:

In order to undertake the work of the unified annual check and change of the approval certification and implementation of the enterprises code of imports and exports for the enterprises with foreign investment and enterprises invested by compatriots of HK, Macao and overseas with the spirit of Circular on implementing the unified annual check for the enterprises with foreign investment in 1998(WaiJingMaoZiFa [1997] No.637) and Circular on using the certificate of new version (WaiJingMaoZiZongHanZi [1997] No.531) and Rules for the implementation on management measures of the code of imports and exports enterprises of PRC(WaiJingMaoBanFa [1997] No.498). The following should be clarified:

I

The undertaking of the unified annual check and change of the approval certification and implementation of the enterprises code of imports and exports for the enterprises is the important measure to intensify the macro-control of the foreign enterprises by the government and increase efficiency and improve the investment environment. The departments of foreign trade and economic cooperation at all levels should pay much attention and coordinate with the related departments and finish the assignments.

II

The hereinabove works closely and the joining work should be done. Three above-mentioned jobs are in close relations each other do the work of linking up well The related program is the following: the enterprises that have not obtained the code of national organization from the technique supervision departments should obtain the code (the procedures for obtaining the code of the national organization are notified later) and fill it in the 9 back blanks of the enterprise code column of unified annual check report and fill the area code of the registered area in the 4 front blanks. After filling the code of enterprises and contents of report, it can be applied for annual check according to related regulations. The enterprise code of annual check report submitted to the different departments should be unanimous with all the other contents.

III

The enterprises awarded the certificate of approval by the Ministry of Foreign Trade and Economic Cooperation awards enterprises of (including the enterprises of which contract terms have been examined and approved by the Ministry of Foreign Trade and Economic Cooperation and the enterprises of which contract terms have been examined and approved by the relevant organization of ministries and commissions directly under the State Council awarded enterprise of certificate of approval by the Ministry of Foreign Trade and Economic Cooperation) should participate in the unified annual check. of the local departments of foreign trade and economic cooperation of corresponding province level ( include municipality separately listed on the State plan, Harbin, Changchun, Shenyang, Wuhan, Nanjing, Guangzhou, Chengdu, Xi' an) the enterprises should fill in and summit the report of the annual check report according to above-mentioned procedures. After annual check is qualified by the local departments of foreign trade and economic cooperation, the annual check qualified will be notified to enterprise (format referred to attachment II) with which the enterprise can apply for the transfer of the authorized certificate and obtain the code of imports and exports enterprise officially.

IV

" Unified annual check report" index instruction (referred to attachment III)have already been printed and distributed from administrative department for industry and commerce to the enterprises with foreign investment along with " unified annual check report". Again enclosed , Please the departments of the Ministry of Foreign Trade and Economic Cooperation at all levels verify conscientiously "the unified annual check report " according to the index requested in unified annual check report.

Attachment I:Code of Administrative Area of the People's Republic of China

(Gb/T2260-1995)

the code of provinces and cities

Beijing 1100

Tianjin 1200

Hebei Province 1300

Shanxi Province 1400

Inner Mongolia Autonomous Region 1500

Liaoning Province 2100

Shenyang 2101

Dalian 2102

Jilin Province 2200

Changchun 2201

Heilongjiang Province 2300

Harbin 2301

Shanghai 3100

Jiangsu Province 3200

Naning 3201

Zhejiang Province 3300

Ningbo 3302

Anhui Province 3400

Fujian Province 3500

Xiamen 3502

Jiangxi Province 3600

Shandong Province 3700

Qingdao 3702

Henan Province 4100

Hubei Province 4200

Wuhan 4201

Hunan Province 4300

Guangdong Province 4400

Guangzhou 4401

Shenzhen 4403

Zhuhai 4404

Shantou 4405

Guangxi Zhuang Autonomous Region 4500

Hainan Province 4600

Sichuan 5100

Chengdu 5101

Chongqing 5102

Guizhou Province 5200

Yunnan Province 5300

Xizang Autonomous Region 5400

Shanxi Province 6100

Xi'an 6101

Gansu Province 6200

Qinghai Province 6300

Ningxia Hui tribe autonomous region 6400

Xinjiang Uygur Autonomous Region 500

Attachment II:Qualified notice of the unified annual check and verification (format)

____ Corporation:

Your company of the unified annual check has been verified qualified by my committee (department, bureau). Please hold this to inform the foreign trade and economic cooperation department for exchanging the authorized certificate.

____ Committee (department, bureau) of foreign trade and economic cooperation the economics and trade entrusts

Year, month and day

Attachment III:"Unified Annual Check Report" indexes

1

the report year of " Unified Annual Check Report " is 1997 , From January 1st, 1997 to December 31st, 1997 is a current period.

Basic information of the enterprise (Table one)

2

Enterprise code: Fills in "the import and export enterprise code" (13 digits). The principle of "Import and export enterprise code" is: The first 4-digit code is the administrative area code of registered place of enterprise under "Code of Administrative Area of the People's Republic of China" ( Sees attachment I);The latter 9-digit code is the code of national organizations and agencies issued by The State Bureau of Technical Supervision or its authorized organization. The hyphen symbol "-" between the last two digits of "The national organizations and agencies code" should not be filled in.

3

Investor name: If the investment parties surpass 3 party besides the China or the foreign, the attached report can be made .

4

Code of country (district): Input by the organs that fill out the report.

5

Trade: Fill in the trade of the main business scope ratified in accordance with the law.

6

Trade code: fill in the 4-digit code of medium and small kind according to national standard" trade classification and code of national economy "(GB/T4757-94) issued by the State Bureau of Technical Supervision. Among them the trading company with foreign investment in bonded area fills out in" 6390"(other wholesale business not included), the investment company fills out in" 9990"(other kinds of trades not included), other enterprises should fill in 4 trade codes corresponding with core business.

7

Enterprise category: except "investment company" , Other 5 kind of types only can be chosen one kind to fill in a form.

8

Number of employees: it means that all personnel work and obtain remuneration or the business income in enterprises.

9

Foreign personnel population: it refers to those who are foreign citizens and total amount of overseas Chinese and Hong Kong, Macao and Taiwan personnel working and paid remuneration in this enterprise

10

Authorized date: Refers to the date when the enterprise first time receives "the authorized certificate" in the foreign economics and trade department.

11

Registration date: Refers to the date when the enterprise first time receives "the business license" in the industry and commerce administration department.

12

Date of going into operation openly: the date when the production enterprise starts producing ( Including trial of production) the date when the unproductive enterprise does business ( Including trial business)

13

business deadline: Fill in the concrete operation life (such as 30 years, 50 years) that" business license" stipulates, don't fill in the time of beginning and end; the ones that have not been stipulated the deadline of business fill in " long-term".

14

Situation of business operation: Among the 3 types of preparation for establishment, going into operation and business closure can only be chosen one. The business that partially put into operation and partially under construction should be applied to the 2nd type.

15

name, person in charge, address, registration number of branch(office), attached paper is allowed for many branch offices.

Funds and operation information of the current year (form two)

16

Amount of money involved in all data of this form and filled in the report should be supposed to be precise by" one hundred dollars" or" one hundred Yuan RMB", Namely keep two digits after the decimal point, after which the amount of money is round up. For example: "880168" dollar, with regards of ten thousand dollars as unit of the amount of money should be filled in as" more than 88.02"

17

In table two the index divided into Chinese party and foreign party. If the enterprise has several Chinese parties or several foreign parties, fill in the figure of total.

18

The Chinese party invested by the state-owned property which refers to the accumulated amount converted by the state-owned property of all previous years such as cash and the material, the industry property right, the non-patent technology, the land employment right and so on The Chinese investors more than two should be computed together.

19

The reason for in arrears investment: State with the terse characters.

20

sales( business ) income: The income of main business in the profit and loss table of enterprise.

21

turnover: Refers to the turnover of service business of enterprise.

22

Tax total amount: Refers to tax total of different kinds that the enterprise should pay to the tax affairs institution and the customs.

23

Customs duty: Refers to the sum of duty total the enterprise pay the customs.

24

total amount of profit: The profit enterprise realizes or the loss the enterprise this year occurs, It is used "-" to express the loss.

25

Net profit: Reflect net amount of profit that income-producing enterprise realizes deducting from the income tax.

26

Gross assets: The sum of assets total reflect fixed asset, assets liquidity the project under construction, the intangible assets and other properties of the enterprise.

27

Debt total amount: The sum total of debts reflect the current liability and the long-term debts of the enterprise

28

Long-term debt: it refers to the debt in a period of operating cycle of year whose maturity is one year above or more than one year. Generally, it includes long-term liability, company debt payable, financing and leasing the state-run assets payable, and etc.

29

The reason for loss and the non- political production: Indicates with the succinct writing.

30

Whether financial annual report and quarterly report have been submitted: Fill in "have already submitted the financial annual report and the quarterly report" or "have not submitted annual report and quarterly report yet".

31

The situation of handling the problems in the financial annual report: Fill in "completely handled", "partly handled" or "not handled yet".

32

contract deadline: Fill in the concrete fixed number of years (specify 5 years, 10 years and so on), it is not necessary to fill in the beginning and end time of contract .

The foreign exchange form (Table three ).

33

amount of money involved in all data of this form and report should be supposed as precisely as" one hundred", keeping two digits after the decimal point, with two of decimal point the amount of money round up, For example: "880168" American dollar in the table should be filled in "88. 02 " regarding ten thousand American dollars as the amount unit.

34

Foreign exchange account:

respectively fill in the account numbers and remaining sum total amount of the same category account according to the account category, in view of the account declaration of enterprise.

35

balance of the foreign exchange

(1)

receivable amount of exports in foreign exchange: the amount of which enterprise should receive foreign exchange in the same year,including the amount of which the enterprise should be supposed to receive in same year for the exports last year and the amount of which the enterprise should be supposed to receive in the same year for the exports of the same year.

(2)

the amount cancelled after verification: the amount of which has been cancelled after verification in the foreign exchange bureau in the same year

(3)

the total amount of foreign exchange earnings: actual foreign exchange earnings of the same year, Including the amount cancelled after verification and actually receivable income of the non-trade and the no-capital item .

(4)

the amount of imports paid in foreign exchange: the actual amount of which the enterprise pays for imports of same year.

(5)

the amount of the foreign exchange expenditure: the actual amount for imports and the amount of expenditure for non-trade and the no-capital item of the same year.

36

foreign loan

(1)

loan of this term : Referred the foreign loan borrowed, appropriated and used this year.

(2)

The balance of foreign loan at the beginning of term: Referred to the remaining sum of foreign loan at the end of last year.

(3)

The balance of foreign loan at the end of term: Referred to the remaining sum of foreign loan at the end of the same year.

(4)

the principal and interest of foreign loan not payable beyond due time : Refers to the principal and interest of foreign loan that must have reimbursed on or before the due time according to the stipulation of the contract have not been reimbursed yet and the extension of loan has not been handled.

(5)

the amount of foreign loan of this term: referred to the loan newly borrowed.

37

The financial situation of foreign exchange should be made a report and filled according to the rights and obligations.

38

The foreign exchange trading:

the column of "Purchase of exchange" is divided into current and capital items according to employment of foreign exchange payment, the column of "Settlement of exchange" is divided into current and capital items according to the source of foreign exchange earnings.

39

The column of profit and reinvestment should be made a report and filled in the rights and obligations.

40

This column should be filled in by the investment company:

the column should be filled in by the investment company; allocating the amount of money of fund of investment in it refers to the amount of foreign exchange allocated for stockholding investment in the boundaries.