Ministries, provincial foreign trade companies and local (city) and county-level foreign trade companies), production enterprises, scientific research institutes, commercial materials enterprises and foreign economic enterprises. In accordance with the requirements of further deepening the reform of foreign trade system, the relevant government departments have further relaxed the restrictions on foreign trade management rights. At present, the examination and approval system is still implemented, giving qualified production enterprises, scientific research institutes and other powerful economic entities (including private enterprises) the right to operate import and export. In addition, according to WTO regulations, China will complete the transition from the current examination and approval system to the registration system within three years after its accession to the WTO.
Two. Examination and approval procedures for foreign economic and trade enterprises
(1) production enterprise
1. Further verify the approval standards for import and export operation rights of production enterprises.
At present, the examination and approval standards for import and export rights of production enterprises have been newly adjusted. As long as large state-owned (extra-large, freshman and sophomore) production enterprises apply, they can go through the examination and approval procedures. In addition, the examination and approval standard for mechanical and electrical products manufacturers of technology-intensive products is adjusted to an annual export supply of 500,000 US dollars, and manufacturers of other industries are adjusted to an annual export supply of 654.38+00,000 US dollars. For a production enterprise group that has been approved to have import and export rights, if its member enterprises meet the above conditions, they may apply for import and export rights separately.
The specific examination and approval procedures are as follows: the production enterprise shall report to the local provincial (city) foreign economic and trade commission (office) and
The application submitted by the Economic and Trade Commission (the Economic Commission and the Planning Commission) shall be submitted to the Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission after examination and approval, and the Ministry of Foreign Trade and Economic Cooperation shall go through the examination and approval procedures according to the recommended list reviewed by the State Economic and Trade Commission.
2. Appropriately expand the import and export business scope of self-operated import and export enterprises.
(1) Large-scale self-operated import and export production enterprises with an annual export volume of100,000 USD or more may, upon approval, set up an independent limited liability import and export company to manage their production.
Import and export business of related or similar goods.
(2) A large-scale self-operated import and export production enterprise with the conditions of designing, producing (including organizing production) and exporting large-scale complete sets of equipment can, upon approval, obtain the right to contract projects related to the export of self-produced equipment and the right to dispatch labor to technicians such as design, installation, commissioning and operation and after-sales eye care personnel.
3. The automatic registration system will be tried out for the production enterprises in the special zone to apply for the right to operate import and export. A production enterprise with a registered capital of more than 2 million yuan in a special economic zone that has been put into production may apply to the local foreign trade and economic cooperation department for registration. The foreign trade department should register qualified production enterprises within 15 working days, that is, it can obtain the import and export rights of self-operated products, machinery and equipment, raw and auxiliary materials needed for imported production, and can go to customs, commodity inspection and foreign exchange according to regulations. In the process of applying for import and export rights, if a production enterprise refuses to accept the decision of the competent foreign trade department, it may apply to the Ministry of Foreign Trade and Economic Cooperation for reconsideration according to the Regulations on Administrative Reconsideration.
(II) State and County Foreign Trade Companies
Since 1997, the relevant departments have relaxed the examination and approval standards for county-level foreign trade supply companies with fixed business channels and foreign trade sources, and have made contributions to the development of foreign trade for many years. For cities (counties) with a gross national product of 3 billion yuan (65.438+0 billion yuan in ethnic minority areas and western regions), in principle, we can consider granting 1 person the right to operate import and export.
For enterprises other than production enterprises in special economic zones to apply for import and export operation rights, the measures of total control by MOFTEC and self-examination and approval by special economic zones shall be tried out. That is, on the basis of MOFTEC's re-verification of the number of existing enterprises (hereinafter referred to as foreign trade enterprises) in the Special Economic Zone, according to the principle that the total number of foreign trade enterprises is linked to the scale of foreign exchange earned by general trade exports, for every increase of the total foreign exchange earned by general trade exports in the Special Economic Zone of US$ 6,543.8 billion or the annual growth rate of foreign exchange earned by general trade exports of 5%, new foreign trade enterprises can be added 1 Special Economic Zone's foreign trade authorities can independently examine and approve foreign trade enterprises engaged in import and export business in the Special Economic Zone according to the necessary conditions and standards stipulated At present, MOFTEC has approved five special economic zones, with a total of 20 13 1996.
(3) Scientific research institutions
As long as it has strong research and development capabilities of technology and technical products and has achieved commercialization and industrialization of scientific and technological achievements, the MOFTEC will accept the examination and approval of its import and export operation right upon the recommendation of the State Science and Technology Commission, and entrust the research institutes with an average foreign exchange earning of not less than 300,000 US dollars to apply for import and export rights two years before.
So far, more than 200 scientific research institutes have obtained the right to import and export their scientific and technological products.
Scientific research institutes applying for import and export rights must perform the following procedures: scientific research institutes directly under various departments in the State Council submit written applications to their competent departments, which will send them to the Ministry of Science and Technology and the Ministry of Foreign Trade and Economic Cooperation; Local scientific research institutes submit written applications to the economic and trade departments (commissions) and science and technology commissions of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning, and report to the Ministry of Science and Technology and the Ministry of Foreign Trade and Economic Cooperation after reaching an agreement. The Ministry of Science and Technology shall, after reviewing the scientific research institutes reported by various departments and regions, put forward audit opinions and send them to the Ministry of Foreign Trade and Economic Cooperation in batches, and the Ministry of Foreign Trade and Economic Cooperation shall review and reply according to the audit opinions of the Ministry of Science and Technology.
In principle, the right to import and export is directly granted to scientific research institutes, and new import and export companies are no longer approved. If the business license of all enterprises as legal persons in the scientific research institute is granted, the import and export right shall be directly granted to the unit; If the scientific research institute itself does not have a business license as an enterprise legal person, it may, at the request of the applicant, grant the right to operate overseas to the designated enterprises directly under ownership by the whole people.
(4) Foreign economic cooperation companies
Since 1979, China has been engaged in foreign contracted projects and labor service cooperation for 17 years, and has made remarkable achievements. With the accelerated pace of opening to the outside world, the number of foreign contracted labor services has further expanded. At present, we mainly support and encourage engineering companies with independent construction ability and strong management ability to apply for the right to operate foreign contracted labor services. Such companies are required to hold the first-class engineering qualification certificate issued by the Ministry of Construction, and have good external performance in cooperation with companies with foreign management rights.
The relevant departments will also give foreign trade companies that earn more than $6,543.8 billion in foreign exchange through export the right to contract projects and cooperate in labor services.
The design institute has undertaken important projects abroad and holds the certificate issued by the Ministry of Construction.
Level survey and design supervision certificate and survey and design institute, and has carried out 1-2 businesses.
The project will be granted corresponding foreign-related management rights such as survey, design, consultation and supervision.