Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

Rules of the Ministry of Foreign Trade and Economic Cooperation for Enterprises with Foreign Investment on the Implementation of the Measures on the Administration of Codes for Import and Export Enterprises of the People's Republic of China

WaiJingMaoBanFaZi [1997] No.498

August 25, 1997

Article 1

These rules for implementation (hereinafter referred to as "the Rules") are hereby formulated in compliance with Article 13 of "Measures on the Administration of Codes for Import and Export Enterprises of the People's Republic of China" (hereinafter referred to as "the Measures on Administration").

Article 2

"Import and export enterprises" in the Measures on Administration refers to various enterprises with legal person status and permitted by the State to engage in foreign trade and economic cooperation. The Rules are only applicable to enterprises with foreign investment among them (including the Chinese-foreign equity joint ventures, the Chinese-foreign contractual joint ventures, the foreign-capital enterprises and stock companies with foreign investment).

Article 3

All the enterprises with foreign investment established by law shall, in accordance with relevant provisions of the Rules, obtain the codes for im/ex enterprises of the People's Republic of China (hereinafter referred to as "the codes for im/ex enterprises").

Article 4

Departments with written Approval Certificate for Enterprises with Foreign Investment by MOFTEC and the Approval Certificates for Enterprises with Investments of Taiwan, Hong Kong, Macao and overseas Chinese (hereinafter referred to totally as "the approval certificates"), shall be the departments in charge of the codes for im/ex enterprises of local enterprises with foreign investment, the administrative competence is not allowed to be transferred to any of the levels below. The administrative departments of the issuing of the approval certificates must be capable of being net-linked with MOFTEC's foreign investment statistics network and the issuing administration network of the approval certificates, must be capable of inputting relevant information accurately, timely and completely as well as having corresponding administrative measures. MOFTEC shall separately formulate verification rules for the qualification of the administrative departments which issue the approval certificates.

Article 5

The sole codes for im/ex enterprises are applicable to the State's macro-management over foreign trade and economic cooperation, foreign trade operations of enterprises with foreign investment and electronic data interchange in international trade.

Article 6

The codes for im/ex enterprises have thirteen-digit numerals, the structure is as follows:

The first to the fourth digits are codes for the administrative regions in which the registrations of im/ex enterprises are made, using "the Codes for the Administrative Regions of the People's Republic of China" (GB/T2260-1995). Among them, the first and second digits are codes for the provinces, autonomous regions or municipalitie directly under the Central Government in which the registrations of the im/ex enterprises are made; the third and fourth digits are codes for cities (districts) under provinces (autonomous regions), only used by special economic zones and cities under direct central planning (including 8 provincial capitals which were originally municipalities separately listed on the State plan), other cities (districts) under provinces (autonomous regions) totally write "00".

The fifth to thirteenth digits are "Codes for the State Organizations and Units" of the im/ex enterprises checked and issued by the State Bureau of Technical Supervision or its authorized organizations, adopting "Compiling Norms of the Codes for the State Organizations and Units" (GB/T11714 - 1995).

Article 7

The codes for im/ex enterprises of foreign investment are issued by the examination and approval authorities (i.e. the administrative departments of foreign trade and economic cooperation) which approve the establishments of enterprises with foreign investment. The codes for im/ex enterprises shall be added to the contents of the approval certificates which are printed by MOFTEC. The administrative departments of foreign trade and economic cooperation shall issue the codes for im/ex enterprises together with the approval certificates, no other ways of issuing the codes for im/ex enterprises to enterprises with foreign investment shall be taken.

Article 8

New edition of the approval certificate is put into use on January 1, 1998. From January 1, 1998 to April 30, 1998, all the enterprises with foreign investment established by law shall change their approval certificates with the new editions. The on-going approval certificates shall be invalid on and after May 1, 1998.

Article 9

From January 1, 1998 to April 30, 1998, the enterprises with foreign investment established by law before January 1, 1997 and regarded as qualified in the joint annual inspection performed by seven ministries and commissions under the State Council shall, providing with the "Codes for the State Organizations and Units" issued by the State Bureau of Technical Supervision or its authorized organizations, apply to the issuing organizations of the approval certificates for the new editions and get the codes for im/ex enterprises simultaneously.

Article 10

All the enterprises with foreign investment established by law during the year of 1997 shall, providing with the "Codes for the State Organizations and Units" issued by the State Bureau of Technical Supervision or its authorized organizations, apply to the issuing organizations of the approval certificates for the new editions and get the codes for im/ex enterprises simultaneously.

Article 11

Starting from January 1, 1998, all the enterprises with foreign investment established by law shall, providing with the approval documents on the establishment given by the examination and approval authorities, apply to the State Bureau of Technical Supervision or its authorized organizations for the "Codes for the State Organizations and Units". Then these enterprises shall, providing with the "Codes for the State Organizations and Units", apply to the issuing organizations for the approval certificates, and mean-while, get the codes for im/e enterprises.

Article 12

The codes for im/ex enterprises are the only codes for enterprises with foreign investment. The administrative departments of enterprises with foreign investment at all levels shall use the codes for im/ex enterprises while going through business formalities concerning im/ex quotas, im/ex licences, export bidding and capital increasing, business scope enlarging, share transfering, etc.

Article 13

Enterprises with foreign investment of which the places of registration are changed (i.e. "the codes for the administrative regions of the People's Republic of China" mentioned in Article 6 of the Rules are changed), while applying for the changing of the approval certificates, must apply for new codes for im/ex enterprises.

Article 14

According to Article 9 of the Measures on Administration, MOFTEC shall set up the annual examination system of the codes for im/ex enterprises. The annual examination of the codes for im/ex enterprises of enterprises with foreign investment shall be conducted in combination with the joint annual inspection performed by seven ministries and commissions under the State Council including MOFTEC. The enterprises with foreign investment shall, in accordance with the requirements of "Notice Concerning the Implementation of Joint Annual Inspection to Enterprises with Foreign Investment" promulgated jointly by the above seven ministries and commissions, apply for the annual examination on time. For those exceeding the time of application or failing to pass the joint examination, their codes for im/ex enterprises shall be suspended from use or cancelled by the administrative departments.

Article 15

For enterprises with foreign investment which terminate operation as a result of cancellation of approval certificates, revocation of business licences, suspension of operation, termination of operation due to time limit, declaration of bankruptcy or other reasons according to laws, their codes for im/ex enterprises shall be suspended or cancelled as well.

Article 16

Enterprises with investments from Taiwan, Hong Kong, Macao and overseas Chinese shall act basing on these Rules.

Article 17

The Rules shall be interpreted by MOFTEC.

Article 18

The Rules shall enter into force as of the date of promulgation.