Chapter 1 General Provisions Article 1 In order to regulate the settlement, sale and payment of foreign exchange and realize the convertibility of RMB under the current account, these regulations are specially formulated. Article 2 Banks engaged in foreign exchange business shall handle foreign exchange settlement, foreign exchange sales, foreign exchange account opening and external payment business in accordance with these regulations and the business scope approved by the People's Bank of China and the State Administration of Foreign Exchange. Article 3 The foreign exchange earnings of domestic institutions shall be transferred back to the territory of China in a timely manner, unless otherwise provided by the state. Article 4 Domestic institutions, resident individuals, institutions in China and personnel coming to China shall handle foreign exchange settlement, purchase of foreign exchange, opening of foreign exchange accounts and external payments in accordance with these regulations. Article 5 When domestic institutions and resident individuals handle external receipts and payments through banks that engage in foreign exchange business, they shall declare balance of payments statistics in accordance with the "Measures for Declaring Balance of Payments Statistics" and relevant regulations. Chapter 2 Settlement, Sale and Payment of Foreign Exchange under the Current Account Article 6 Except for the scope and quantity limited by Articles 7, 8 and 10 of these Provisions, the following foreign exchange obtained by domestic institutions shall be settled:
(1) Foreign exchange earned from exporting or paying first and then receiving re-exported goods and other transactions. Among them, the foreign exchange for trade exports settled by documentary letter of credit/letter of guarantee and documentary collection can be settled with valid commercial documents, and the foreign exchange for trade exports settled by remittance can be settled with the export foreign exchange receipt verification document;
(2) Foreign exchange income from winning international tenders under overseas loans;
(3) Foreign exchange income from domestic sales of duty-free commodities under customs supervision;
(4) Efficient transportation (including various foreign exchange income from goods or services provided by various modes of transportation) and ports (including airports), postal and telecommunications (excluding international remittances), advertising, consulting, exhibitions, consignment, maintenance and other industries and various agency businesses;
(5) Various foreign exchange fees, fines and confiscations received by administrative and judicial agencies;
(6) Intangibles such as land use rights, copyrights, trademark rights, patent rights, non-patented technologies, goodwill, etc. Foreign exchange income from asset transfers, but the above-mentioned intangible assets are owned by individuals and do not need to be settled;
(7) Foreign exchange profits repatriated by overseas investment enterprises, foreign exchange recovered under foreign financial aid and foreign exchange from overseas assets Income;
(8) Foreign exchange income from external claims, returned foreign exchange deposits, etc.;
(9) Foreign exchange income from leasing real estate and other foreign exchange assets;
(10) Foreign exchange income from insurance institutions accepting foreign exchange insurance;
(11) Net income from foreign exchange business of financial institutions that have obtained the "Foreign Exchange Business License";
( 12) Foreign exchange from foreign donations, funding and aid;
(13) Other foreign exchange that should be settled as prescribed by the State Administration of Foreign Exchange. Article 7 Domestic institutions (excluding foreign-invested enterprises) may apply to the State Administration of Foreign Exchange and its branches (hereinafter referred to as the "Foreign Exchange Bureau") to open a foreign exchange account at a bank that engages in foreign exchange business and handle the following transactions in accordance with regulations: Settlement of foreign exchange:
(1) Foreign exchange from business transactions received by companies that engage in overseas contracting projects, provision of labor services, technical cooperation and other services overseas during the course of the above-mentioned business projects;
(2) Foreign exchange collected and paid by institutions engaged in agency foreign or overseas business;
(3) Foreign exchange temporarily received for payment or temporarily received for settlement, including bids for overseas remittances Deposits, performance bonds, re-export trade collections that are received first and paid later, foreign exchange remittances collected by postal and telecommunications departments for international remittance services, foreign exchange collected in advance by first-class travel agencies from foreign tourism agencies, foreign exchange collected by railway departments for overseas insured transportation services, and customs Collected foreign exchange deposits, mortgages, etc.;
(4) Insurance institutions accept foreign exchange insurance, overseas reinsurance and unsettled premiums.
The net income from the above-mentioned foreign exchange items shall all be sold to designated foreign exchange banks within the specified time. Article 8 The foreign exchange used for overseas payments as stipulated in the donation, funding and aid contracts may be retained only after approval by the foreign exchange bureau.
Article 9 The following scope of foreign exchange can be retained:
(1) Foreign exchange from foreign embassies and consulates in China, international organizations and other overseas legal entities in China;
(2) Foreign exchange for resident individuals and people coming to China. Article 10 Foreign-invested enterprises may retain foreign exchange earnings under the current account within the maximum amount approved by the foreign exchange bureau. The excess shall be sold to designated foreign exchange banks or sold through foreign exchange swap centers. Article 11 For the settlement of cash exceeding the equivalent of 10,000 U.S. dollars, the person who settles the exchange shall provide the designated foreign exchange bank with a true identity certificate and proof of the source of foreign exchange. The designated foreign exchange bank shall register the foreign exchange settlement and then report it to the foreign exchange bureau for record. Article 12 Domestic institutions and resident individuals, institutions in China and people coming to China who are allowed to open foreign exchange accounts in Articles 7, 8, 9 and 10 of these Regulations shall go to banks that engage in foreign exchange business in accordance with the relevant regulations on foreign exchange account management. Account opening procedures. Article 13 Domestic institutions that use foreign exchange for the following trade and non-trade operations shall pay from their foreign exchange accounts or cash them at designated foreign exchange banks with valid commercial documents corresponding to the payment method and the listed valid certificates:
(1) For trade imports settled with a documentary letter of credit/letter of guarantee, if you need to purchase foreign exchange when issuance of the L/C, you must present the import contract, import foreign exchange payment verification form, and application for issuance of L/C; if you need to purchase foreign exchange when paying foreign exchange, For remittances, valid commercial documents required by the letter of credit settlement method should also be provided. When writing off, the original customs declaration form for imported goods must be used;
(2) For trade imports settled by documentary collection, the import contract, import foreign exchange payment sales order, import foreign exchange payment notice and follow-up Valid commercial documents required by single collection settlement method. When writing off, the original imported goods customs declaration form must be presented;
(3) For trade imports settled by remittance, the import contract, import foreign exchange payment verification form, invoice, original imported goods customs declaration form, original For transport documents, if the "picker" on the bill of lading and the "business unit" on the customs declaration are inconsistent with the name of the buyer listed in the import contract, an agency agreement between the two should also be provided;
( 4) The advance payment under the import item does not exceed 15% of the total contract amount, or the advance payment exceeds 15% but does not exceed the equivalent of 100,000 US dollars, with the import contract and import foreign exchange payment verification form;
Above (1) For goods imported under item (4) that are subject to import quota management or specific product import management, a license or import certificate issued by the relevant department must also be provided; for goods imported under an automatic registration system, a completed registration form must also be provided.
(5) For transportation fees and insurance premiums under import items, please present the import contract, original transportation fee receipts and insurance premium receipts;
(6) For export items, the total amount of the contract shall not exceed The hidden commission (hidden deduction) of 2 and the explicit commission (explicit deduction) of 5 or the commission exceeding the above ratio but not exceeding the equivalent of 10,000 US dollars, with the export contract or commission agreement, exchange settlement receipt or bill collection notice; export items For transportation fees and insurance premiums under the import items, you must present the export contract, original transportation fee receipts and insurance premiums; Certificate of conformity of the goods;
(8) Material fees, technical fees, information fees and other ancillary fees under import and export items shall be written off with the import contract or export contract, import foreign exchange payment verification form or export foreign exchange collection verification Invoices, invoices or charging documents and instructions in traditional Chinese from the person in charge of the import or export unit;
(9) The foreign exchange used to purchase goods from the bonded area and purchase exhibits for overseas entry exhibitions shall be held in (1) to (8) Valid vouchers and valid commercial documents as stipulated in this item;
(10) For the import of intangible assets such as patents, copyrights, trademarks, computer software, etc., an import contract or agreement shall be held;
(10) 1) For foreign exchange reimbursement under export items, the foreign exchange settlement receipt or collection notice, claim agreement, claim settlement certificate and proof that the export proceeds have been offset and written off; (12) Overseas Contracting Engineering Office The required bid bond shall be held in the bidding documents, and the performance bond and advance payment for the project shall be held in the contract.