In order to speed up the reform of foreign trade management system and promote and standardize all kinds of enterprises to engage in import and export business, the relevant issues concerning the management of import and export business qualifications of enterprises are stipulated as follows:

First, the registration and approval of import and export business qualifications follow the principles of independent application, openness and transparency, unified regulation and supervision according to law. All kinds of enterprises (foreign-invested enterprises, commercial materials, supply and marketing cooperatives, small-scale border trade enterprises, except enterprises in special economic zones and Pudong New Area, the same below) shall implement unified standards and management measures for their import and export business qualifications.

The Ministry of Foreign Trade and Economic Cooperation authorizes the foreign economic and trade commissions of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, Harbin, Changchun, Shenyang, Xi, Chengdu, Nanjing, Wuhan, Guangzhou, Zhuhai and Shantou, and the Foreign Trade and Economic Cooperation Bureau of Xinjiang Construction Corps (hereinafter referred to as the authorized issuing authority) to handle the registration of import and export business qualifications and issue the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprises.

Two, the import and export business qualifications of enterprises, according to the registered or approved business scope, the following classification management:

(a) the right to operate foreign trade circulation (dealing in the import and export of various commodities and technologies, except those restricted or prohibited by the state).

(2) Self-import and export rights of production enterprises (engaged in the export business of self-produced products of the enterprises and the import business of machinery and equipment, spare parts and raw and auxiliary materials needed by the enterprises, except for commodities and technologies whose import and export are restricted or prohibited by the state).

MOFTEC and authorized license issuing agencies will no longer list trade modes separately when approving or registering the import and export business scope of enterprises, and enterprises can engage in import and export business in various trade modes according to state regulations.

III. Qualifications and required materials of enterprises applying for the right to operate import and export.

(a) the qualifications of the enterprise applying for the right to operate foreign trade circulation and the materials to be submitted.

1, qualification

(1) An enterprise shall have the qualification of an enterprise legal person, have been established for more than one year, have been registered by the administrative department for industry and commerce and obtained the Business License of an Enterprise Legal Person, and have passed the annual inspection of industry and commerce in accordance with state regulations.

(2) The registered capital (gold) is not less than 5 million yuan (not less than 3 million yuan in the central and western regions, the same below).

(three) to handle tax registration, pay taxes according to law, and conduct annual tax inspection in accordance with state regulations.

(4) The legal representative or person in charge of the enterprise has never served as the legal representative or person in charge of the enterprise whose foreign trade business license has been revoked within three years (that is, the enterprise's foreign trade business license has been revoked due to violation of laws and regulations during its tenure as the legal representative or person in charge).

2. Materials to be submitted

(1) enterprise's written application.

(2) A copy of the annual examination of the business license of the enterprise as a legal person (signed by the administrative department for industry and commerce).

(3) A copy of the annual tax registration certificate.

(4) A copy of the ID card of the legal representative registered in the Business License of Enterprise as a Legal Person.

(5) Other materials that need to be declared.

(two) the qualifications and materials required for the production enterprise to apply for import and export rights.

1, qualification

(1) An enterprise shall have the qualification of an enterprise legal person or be a sole proprietorship enterprise or partnership enterprise (hereinafter referred to as enterprise) established according to law, and be registered by the administrative department for industry and commerce, and obtain the Business License for Enterprise Legal Person or Business License.

(2) The registered capital (gold) of the enterprise shall not be less than 3 million yuan (not less than 2 million yuan in the central and western regions and ethnic minority areas, and not less than 6,543,800 yuan in scientific research institutes, high-tech enterprises and mechanical and electrical products manufacturing enterprises).

(3) Having gone through tax registration and paying taxes according to law.

(4) The legal representative or person in charge of the enterprise has never served as the legal representative or person in charge of the enterprise whose foreign trade business license has been revoked within three years (that is, the enterprise's foreign trade business license has been revoked due to violation of laws and regulations during its tenure as the legal representative or person in charge).

2. Materials to be submitted:

(1) enterprise's written application.

(2) Annual examination of the business license of the enterprise as a legal person or a copy of the business license (signed by the administrative department for industry and commerce).

(3) A copy of the annual tax registration certificate.

(4) A copy of the national organization code certificate.

(5) A copy of the ID card of the legal representative registered in the business license of the enterprise as a legal person or the person in charge registered in the business license.

(6) A sole proprietorship enterprise or partnership enterprise shall submit a capital verification report issued by an accounting firm, audit firm or other institution with capital verification qualification.

(7) High-tech enterprises and enterprises producing mechanical and electrical products shall submit copies of certificates issued by the competent department of science and technology or relevant departments.

(eight) other materials that need to be declared.

Four, for import and export business qualification registration and approval, should comply with the prescribed procedures and requirements.

(1) An enterprise applying for import and export business qualification shall submit it to the authorized issuing authority of the local province or city. After the application materials submitted by the enterprise are complete, the issuing authority is authorized to accept them.

Where an application for import and export right is made, the authorized issuing authority shall make a decision on approval or disapproval of registration within 10 working days from the date of accepting the application. If the registration is granted, the People's Republic of China (PRC) Import and Export Enterprise Qualification Certificate will be issued. If the registration is not granted, the reasons shall be explained.

The application for the right to operate foreign trade circulation shall be approved by the Ministry of Foreign Trade and Economic Cooperation. Local enterprises shall be reported to MOFTEC for approval by authorized license issuing agencies; Central enterprises and their subordinate enterprises shall be reported to MOFTEC for approval. MOFTEC shall give a reply of approval or disapproval within 10 working days from the date of receiving the report from the authorized license issuing agency or the central enterprise. The authorized issuing authority shall issue the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise within 5 working days after receiving the approval document from the Ministry of Foreign Trade and Economic Cooperation.

(2) Authorize the issuing authority to file the materials submitted by the enterprise together with a copy of the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise after handling the qualification registration of import and export business, and submit the relevant data contained in the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise to the Ministry of Foreign Trade and Economic Cooperation through the Internet.

(3) The enterprise shall go through the relevant formalities required to carry out import and export business with the People's Republic of China (PRC) Import and Export Enterprise Qualification Certificate to the departments of industry and commerce, customs, quality supervision, inspection and quarantine, foreign exchange management and taxation.

Five, standardize the business behavior of all kinds of import and export enterprises. After obtaining the qualification of import and export business, an enterprise shall engage in import and export business in accordance with laws, regulations and relevant regulations, and handle customs declaration, inspection, settlement of foreign exchange, use of foreign exchange and export tax refund in accordance with relevant state regulations.

(a) all kinds of import and export enterprises shall not let other enterprises sign import and export contracts in their own names, and handle customs declaration, inspection, settlement of foreign exchange, use of foreign exchange, export tax rebate and other businesses by means of affiliation or borrowing rights. Enterprises should strengthen internal management, establish and improve an operating mechanism with clear responsibilities and effective constraints, prevent the sale or disguised sale of import and export business qualifications, and prevent illegal acts such as smuggling, arbitrage and evasion of foreign exchange, and defrauding export tax rebates.

(2) To engage in the import and export business of commodities subject to quota and license administration by the state, one shall apply for quotas and licenses in accordance with laws, regulations and relevant provisions.

(3) Join the Chamber of Commerce for Import and Export as required.

Six, the authorized issuing authority should strengthen communication with industry and commerce, customs, quality supervision, inspection and quarantine, foreign exchange management, taxation and other departments, establish the corresponding contact system, improve the "People's Republic of China (PRC) import and export enterprise qualification certificate" annual examination method, and actively cooperate with relevant departments.

(a) from June 65438+1 October1day to April 30th every year, the license-issuing organ is authorized to conduct annual examination on the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise. Conditional places can conduct joint annual examination with relevant departments.

(2) Authorize the issuing authority to confirm whether the enterprise has the qualification to continue to engage in import and export business according to the annual examination materials submitted by the enterprise and the materials provided by the customs, quality supervision, inspection and quarantine, foreign exchange management, taxation and other departments.

(3) Improve enterprise credit management and file management. For an enterprise subject to administrative punishment, the authorized license issuing agency shall record the illegal business operations and administrative punishment in its Qualification Certificate for Import and Export Enterprises in People's Republic of China (PRC), and submit the relevant data to the Ministry of Foreign Trade and Economic Cooperation through the Internet.

The authorized issuing authority shall promptly notify the customs, taxation, industry and commerce, foreign exchange and other relevant departments of the list of punished enterprises, and implement preventive management on the business activities of enterprises with bad records.

(4) Where the name, business place, legal representative or person in charge and import and export business scope of an enterprise change, it shall go through the formalities for changing the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise at the authorized issuing authority. Authorized license issuing agencies shall submit relevant data to MOFTEC through the Internet.

(5) The Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise shall not be forged, altered, leased, lent, transferred or sold. A copy of the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise must be stamped with the seal of the authorized issuing authority.

Seven, to further strengthen and improve the supervision system, in strict accordance with the law to impose administrative penalties on illegal enterprises, the establishment of import and export business qualification management system with access and exit.

(1) The Ministry of Foreign Trade and Economic Cooperation and the General Administration of Customs jointly issued No.929 [1998] in accordance with the Foreign Trade Law of People's Republic of China (PRC) and the Interim Provisions on Warning, Suspending or Revoking the Business License of Foreign Trade and International Freight Forwarding Enterprises.

(2) For the import and export enterprises that constitute arbitrage, according to the Decision of the State Council Municipality on Resolutely Cracking Down on Cheating Export Tax Refund and Punishing Violations of Laws and Regulations in the Financial Field (Guo Fa [1996] No.4, hereinafter referred to as the Decision) and the Interim Provisions of the Ministry of Foreign Trade and Economic Cooperation on Administrative Punishment for Foreign Trade and Economic Enterprises that Evade or Arbitrate ([1998)

(3) The import and export enterprises that cheat export tax rebates shall be given corresponding administrative penalties in accordance with the Decision and the Interim Provisions on Administrative Penalties for Cheating Export Tax Refund Enterprises (MOFTEC [2000] No.2000). 5 13, jointly issued by the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China and State Taxation Administration of The People's Republic of China).

(4) Import and export enterprises that forge, alter or buy or sell import and export licenses, quotas and certificates of origin shall be given corresponding administrative penalties in accordance with the Foreign Trade Law of People's Republic of China (PRC) and the Interim Provisions.

(5) Enterprises accused of dumping export products but not participating in responding to the lawsuit shall be given corresponding administrative penalties in accordance with the Provisions of the Ministry of Foreign Trade and Economic Cooperation on Encouraging and Urging Enterprises to Participate in Responding to Foreign Anti-dumping (No.3 of the Foreign Trade and Economic Cooperation Law [1999]).

(6) An enterprise that exports fake and shoddy goods shall be given the following administrative penalties after being recognized by the customs, the administrative department for industry and commerce, the quality supervision, inspection and quarantine department or the judicial department: if it exports fake and shoddy goods for the first time and the export amount is less than 500,000 US dollars, it shall be given a warning and administrative penalty; If fake and shoddy goods are exported for the first time for more than 500,000 US dollars but less than 6,543.8+0,000 US dollars, the foreign trade business license will be suspended for one year. If fake and shoddy goods are exported for the first time for more than US$ 6,543,800+0,000, or if fake and shoddy goods are still exported within two years after being punished, administrative punishment shall be given to revoke the foreign trade business license.

(7) Impose the following administrative penalties on enterprises with trademark infringement: if the trademark infringement is punished by the customs and the administrative department for industry and commerce, but it does not constitute a crime, the foreign trade business license shall be suspended for one year; If the circumstances of infringement are serious, causing great economic losses to the trademark owner, the administrative punishment shall be given to revoke the foreign trade business license after being determined by the judicial department or ruled by the arbitration institution.

(8) An enterprise whose foreign trade business license has been revoked shall not re-register or approve its import and export business qualification within 3 years from the date of revocation.

(9) An enterprise that fails to apply for and review the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise as required shall be deemed to have voluntarily waived and cancelled its import and export business qualification, and shall not re-register or approve its import and export business qualification within one year from the date of cancellation.

Eight, the Ministry of Foreign Trade and Economic Cooperation and its authorized issuing authority staff in violation of the provisions, fraud, serious dereliction of duty, abuse of power, corruption, bribery, should be given administrative sanctions according to the circumstances; Those who violate the criminal law shall be investigated for criminal responsibility by judicial organs according to law.

Nine, the authorized issuing authority found that the legal representative or person in charge of the enterprise was prohibited from serving as the legal representative of the enterprise as stipulated in the Regulations on the Administration of the Registration of Legal Representatives of Enterprises as Legal Persons, and the enterprise failed to change the legal representative or person in charge according to the regulations, it should report to the administrative department for industry and commerce. Those who have obtained import and export business qualifications shall be disqualified; Applications for import and export business qualifications will not be processed.

Ten, commercial materials, supply and marketing cooperatives, small-scale border trade enterprises, special economic zones, Pudong New Area enterprises import and export business qualifications and management measures, as well as foreign-invested enterprises engaged in import and export business, are still handled in accordance with the existing regulations.

1 1. An import and export company established by a production enterprise shall be deemed to have obtained the right to operate foreign trade circulation. The enterprise shall go through the formalities for changing the Qualification Certificate of People's Republic of China (PRC) Import and Export Enterprise and Enterprise Type at the original authorized issuing authority within the specified time.

These Provisions shall be implemented as of the date of promulgation. Any inconsistency with these Provisions shall be abolished as of the date of promulgation of these Provisions.