Current location - Loan Platform Complete Network - Foreign exchange account opening - Notice of the State Administration of Foreign Exchange on Issuing the Interim Provisions on the Administration of Domestic Foreign Exchange Transfer
Notice of the State Administration of Foreign Exchange on Issuing the Interim Provisions on the Administration of Domestic Foreign Exchange Transfer
Article 1 In order to regulate domestic foreign exchange transfer, these Provisions are formulated in accordance with Article 7 of the Regulations of People's Republic of China (PRC) Municipality on Foreign Exchange Control. Article 2 The term "foreign exchange transfer" as mentioned in these Provisions refers to the foreign exchange remittance between domestic institutions through financial institutions engaged in foreign exchange business (hereinafter referred to as "financial institutions"). Article 3 The State Administration of Foreign Exchange and its branches (hereinafter referred to as "SAFE") are the administrative organs for domestic foreign exchange transfer. Article 4 Foreign exchange transfer between domestic institutions shall abide by these Provisions. Foreign exchange borrowing and settlement of funds between domestic financial institutions shall be stipulated separately by the State Administration of Foreign Exchange. Article 5 Except for the circumstances listed in Articles 6, 7 and 8 of these Provisions, no unit or individual may handle foreign currency settlement in China, and financial institutions may not handle foreign exchange transfer procedures for them. Unless otherwise stipulated by the State Administration of Foreign Exchange, such provisions shall apply. Article 6 Under the following circumstances, domestic institutions shall apply to financial institutions with valid vouchers and commercial documents. Financial institutions shall go through the formalities of foreign exchange transfer after examining valid vouchers and commercial documents in accordance with the provisions:

(1) If the entrusting party under the export agency is a foreign-invested enterprise or other domestic institutions that are allowed to retain foreign exchange income, the agent shall, after receiving foreign exchange, submit an application to the financial institution with the original agency agreement, export contract, valid vouchers and commercial documents, and the entrusting party's Foreign Exchange Registration Certificate for Foreign-invested Enterprises or Foreign Exchange Account Use Certificate (photocopy). Financial institutions shall go through the formalities of foreign exchange transfer after examining the stipulated valid vouchers and commercial documents, and indicate the words "trade, export proceeds, transfer of original currency", date and amount of foreign exchange receipt in the remittance postscript;

(2) If the entrusting party under the agency import is a foreign-invested enterprise or other domestic institutions that are allowed to retain foreign exchange income, the entrusting party shall apply to the financial institution with the original agency agreement, the foreign exchange registration certificate of the foreign-invested enterprise or the foreign exchange account use certificate;

(3) For international bidding with international loans, if both the employer and the winning bidder are domestic institutions, the employer shall pay the project funds to the winning bidder with the winning contract and the winning certificate;

(4) Domestic institutions engaged in import and export business pay foreign-related insurance premiums and transportation fees to domestic insurance institutions and transportation agencies from their foreign exchange accounts, and hold import and export contracts, original insurance premiums and transportation fee receipts;

(5) Domestic insurance institutions shall pay compensation to domestic institutions on the basis of the original import and export contracts and insurance documents;

(six) to repay the principal and interest of foreign exchange loans of domestic Chinese-funded financial institutions, with the loan contract, the notice of repayment of principal and interest, and the foreign exchange (transfer) loan registration certificate;

(7) Domestic institutions shall repay the principal and interest of foreign debts to domestic Chinese-funded financial institutions with foreign debt registration certificate or foreign exchange (lending) loan registration certificate, lending contract, notice of repayment of principal and interest and "approval document for repayment of principal and interest" issued by the foreign exchange bureau;

(eight) domestic institutions to pay foreign exchange rent to domestic financial leasing companies, holding a lease contract, "foreign exchange (sub) loan registration certificate";

(9) Foreign-invested enterprises shall handle the foreign exchange transfer between their respective foreign exchange settlement accounts, within their respective ceilings and between foreign exchange capital accounts, and hold the Foreign Exchange Registration Certificate of Foreign-invested Enterprises and the approval documents of the maximum foreign exchange settlement accounts approved by the foreign exchange bureau; If it is used for external payment, it shall also provide valid vouchers and valid commercial documents for external payment;

(10) A foreign investor who transfers foreign exchange funds remitted or remitted as investment from his temporary foreign exchange account to the foreign exchange capital account of a foreign-invested enterprise shall hold the foreign exchange registration certificate of the foreign-invested enterprise, the approval document of the economic and trade department and the business license of the administrative department for industry and commerce. Article 7 Under the following circumstances, a domestic institution shall apply to the foreign exchange bureau with the required information; Financial institutions shall handle foreign exchange transfer procedures for them with the approval of the foreign exchange bureau:

(1) Where an investment-oriented foreign-invested enterprise invests in China, it shall hold the capital verification report of a registered accounting firm, the approval documents and business license of the newly-invested enterprise, the approved contract articles, the foreign exchange registration certificate of the foreign-invested enterprise and other materials required by the foreign exchange bureau;

(2) If an enterprise invested by an investment-oriented foreign-invested enterprise remits its foreign exchange profits back to the investment-oriented foreign-invested enterprise, it shall hold the foreign exchange registration certificate of the foreign-invested enterprise, the profit distribution resolution of the board of directors and the tax payment certificate;

(3) If a foreign investor of a foreign-invested enterprise reinvests in China with foreign exchange profits, it shall submit the capital verification report of a certified public accounting firm, the annual financial audit report, the profit distribution resolution of the board of directors, the tax payment certificate, the confirmation of foreign investor's profit reinvestment, the foreign exchange registration certificate of the foreign-invested enterprise and other materials required by the foreign exchange bureau;

(4) If the foreign exchange profits of foreign investors in foreign-invested enterprises increase capital in other domestic enterprises, they shall provide the capital verification report of the registered accounting firm, the annual financial audit report, the profit distribution resolution of the board of directors, the tax payment certificate, the confirmation of foreign investors' capital increase with profits, the approval documents of the original project examination and approval department, the foreign exchange registration certificate of foreign-invested enterprises and other materials required by the foreign exchange bureau;

(5) If the foreign exchange profits earned by Chinese and foreign investors of a foreign-invested enterprise increase capital to the enterprise, it shall submit the profit distribution resolution of the board of directors, the tax payment certificate, the confirmation letter of Chinese and foreign investors to increase capital with profits, the approval document of the original project examination and approval department, the foreign exchange registration certificate of the foreign-invested enterprise and other materials required by the foreign exchange bureau;

(6) If the registered capital of a foreign-invested enterprise is transferred to other institutions in China, the capital verification report of a certified public accounting firm, the resolution of the board of directors, the tax payment certificate, the approval document of the original project examination and approval department, the transfer agreement, the foreign exchange registration certificate of the foreign-invested enterprise and other materials required by the foreign exchange bureau shall be attached;

(seven) the registered capital of Chinese investors in foreign-invested enterprises, which is approved to invest in foreign exchange, shall hold the approval documents of the competent department of the state, the contract and articles of association of the enterprise.