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Notice of the Ministry of Commerce on the Relevant Issues about Archival Filing and Registration of Foreign Trade
Promulgation Date:2008-01-10  Promulgation Number:Letter No.122 [2007  Promulgation Department:Ministry of Commerce of P.R.C.

Notice of the Ministry of Commerce on the Relevant Issues about Archival Filing and Registration of Foreign Trade

Letter No.122 [2007] of the MOFCOM

 

The commerce departments (commissions or bureaus) and the foreign trade and economic cooperation departments (commissions or bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and Xinjiang Production and Construction Corps.; and the foreign trade and economic cooperation bureaus (or commercial bureaus) of the industrial parks in Shenyang, Changchun, Harbin, Nanjing, Wuhan, Guangzhou, Chengdu, Sian, Zhuhai, Shantou and Suzhou:

  In order to guarantee smooth practice of archival filing and registration of foreign trade operators (hereinafter referred to as “archival filing and registration”, some issues as put forward by the archival filing and registration organs are hereby further specified as follows according to the Foreign Trade Law and the Measures for Archival Filing and Registration of Foreign Trade Operators (hereinafter referred to as the Measures):

  .Archival filing and registration of domestic-funded enterprises in which a foreigner or a resident from Hong Kong, Macao or Taiwan is acting as the legal representative

  As the domestic-funded enterprises in which a foreigner or a resident from Hong Kong, Macao or Taiwan is acting as the legal representative don’t belong to foreign-funded enterprises and don’t relate to the restrictions on distribution business, no special seal of “without the distribution business of import commodities” needs to be affixed on the Archival Filing and Registration Form of Foreign Trade Operators (hereinafter referred to as “Registration Form”) at the time of archival filing and registration.

  .Archival filing and registration of enterprise branch offices

  According to the Provisions of the Customs of the People’s Republic of China on the Registration Administration of Declaration Entities and other relevant provisions, a foreign trade operator, which has gone through the procedure of archival filing and registration can only be registered at one time at the customs house, and its branch offices shall make customs declaration by using the customs code of the headquarters. Hence, the branch office of an enterprise without legal entity can not obtain the foreign trade right as an independent business operator. In order to guarantee the effective linkup between the policies of different departments, each archival filing and registration organ shall not accept any applications for archival filing and registration as filed by branch office of an enterprise without legal entity and be accountable for explanation.

  .Time limit for going through relevant formalities upon the strength of a Registration Form

  Article 8 of the Measures prescribes that: “A foreign trade operator shall go through the relevant formalities required for engaging in foreign trade within 30 days at the local customs house, departments of inspection and quarantine, foreign exchange and taxation, etc. upon the strength of the Registration Form that bears the seal of archival filing and registration. If he fails to go through such formalities on time, the Registration Form will be invalidated automatically.” It means that a foreign trade operator shall timely go through the relevant formalities required for engaging in foreign trade at the designated authorities, and if the application of the foreign trade operator is formally accepted by any departments of inspection and quarantine, foreign exchange and taxation, etc. within the prescribed 30 workdays, the Registration Form will be valid.

  .Further delegation of archival filing and registration work to lower levels

  With respect to the requirements, procedures and application materials, etc. for further delegating archival filing and registration work, the MOFCOM has clearly stated in Measures and internal circular of Notification on Related Issues of Adding Organs of Archival filing and Registration of Foreign Trade Operators released in Jul., 2005. Since some regions haven’t received such circular and some don’t understand it completely, the related issues are reiterated as follows:  

  1Requirements of applying to be an archival filing and registration organ: “The archival filing and registration organ shall have the fixed office place as is necessary for handling the archival filing and registration, and the full time personnel of management, type-writing, technology support, and maintenance, and shall have the relevant facilities linking with the network system of archival filing and registration of foreign trade business operators of the MOFCOM” as prescribed in article four of Measures.

  2Formalities: municipal commercial administration should first apply to provincial commercial administration and turn to the MOFCOM after approval of provincial commercial administration. With actual visit on site, the MOFCOM may issue written letter of entrustment to the archival filing and registration organs meeting the preceding conditions, issue the seal of archival filing and registration made under the unified supervision of the MOFCOM, and publicize them. Archival filing and registration organs, whose situation is changed and can’t meet application requirements, or which doesn’t go through archival filing and registration according to Measures, the MOFCOM can revoke its entrustment.

  3Content of application materials: local import and export trading status (Customs’ statistics) of the past 3 years; fixed office place as is necessary for handling the archival filing and registration, the full time personnel of management, type-writing, technology support, and maintenance, and the relevant facilities linking with the network system of archival filing and registration of foreign trade business operators of the MOFCOM; contact method and person at different levels responsible for handling archival filing and registration.

  .Claim for and signing off blank Registration Form

  By referring to numbers of archival filing and registration cases handled by archival filing and registration organs during Oct., 2006-Oct., 2007, the MOFCOM has required to send blank Registration Form from press house to each provincial commercial administration next year and each municipal archival filing and registration organ to contact its provincial commercial administration for the form. After signing off the blank Registration Form, the archival filing and registration organ shall confirm with the MOFCOM (Department of Foreign Trade) by means of facsimile, and in the mean time submit the latest contact person, contact method (incl. division, post code, office address, telephone No. and fax No.) and consultation phone number of archival filing and registration work. 

  Commercial administrations of Beijing, Hebei, Shanxi, Inner Mongolia, Jiangsu, Zhejiang, Anhui, Fujian, Shandong, Guangdong and Yunnan are expected to forward this document to commercial administrations at local and municipal level of respective province (district or municipality), which have entrustment from the MOFCOM for archival filing and registration of foreign trade operators.

    Contact persons: Song Yang  Wang Yong

    Telephone No.: 01065197760/7490

    Facsimile: 01065197468

  Hereby notified

Ministry of Commerce of P.R.C.

Jan. 10, 2008

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