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1. The qualifications for conducting foreign trade, the scope of the
operation, and the type of application.
According the Related Rules on the Management of Qualifications Concerning
the Operation of Import and Export, with the purpose of accelerating the reform
of the institution of foreign trade operation, promoting and normalizing the
foreign trade operation for all types of enterprises, Shanghai adopts the
registration and approval approach in the application for qualification of
foreign trade operation by enterprises in Shanghai in accordance with the
principles of autonomous amplification, fairness and transparency, uniform
specification and supervision according to law. All types of ownerships
(excluding foreign capital enterprises) are subject to the uniform criterion and
management approach. (1) Rights of operation in foreign trade circulation and
scope of operation: The import and export of all kinds of goods and
technology (excluding those goods and technology prohibited from import and
export or restricted to authorized corporation)
Approval of an application for the operation of foreign trade.
The right to engage in foreign trade and the scope of operation:
The export of products manufactured by the enterprise itself and the export
of the machinery, equipment, accessories and spare parts, raw materials and
additional materials needed by the enterprise.(excluding those goods and
technologies prohibited from import and export or restricted to authorized
corporations); the "enterprise itself" includes the member enterprises of the
enterprise.
The Ministry of Foreign Economic & Trade and Shanghai Foreign Economic
& Trade Commission do not list the methods of conducting trade particularly
when approving or registering the enterprise's operation scope. The enterprise
may conduct the import and export business in various methods of trade according
to related national regulations.
2. The qualifications of enterprises applying for the rights of operation in
foreign trade, and the materials required to be submitted.
1.Applying for the rights to operate in foreign trade.
Qualifications.
A. The enterprise shall have legal personnel and shall have been established
for more than one year. The enterprise must be registered with the
administrative department for industry and commerce, secure a Legal Enterprise
Business License, complete the procedures for the business (annual audit and
passing the audit). B. The registered capital shall not be less than RMB 5
million (no less than RMB 3 million for enterprises set up in Pudong New
Area). C. The enterprise must go through tax registration, pay taxes
lawfully, complete the procedures for annual tax audit and pass the audit. D.
The statutory representative or leading official of the enterprise must not, in
the past three years, have acted as the statutory representative or leading
official of an enterprise whose License for Foreign Trade Operation was
cancelled. (This means that during the statutory representative or leading
official's term of office, the License for Foreign Trade Operation was not
cancelled for a violation of the law.)
Materials required to be submitted.
A. Complete the Application Form for Foreign Trade Operation in
Shanghai. B. Complete a written application. (include a brief introduction of
the nature of the enterprise, components of the investment and the main
business; business conditions in recent years, the reasons for and the type of
application.) C. A copy of the duplicate annual audited Business License of
the Enterprise by the Legal Representative (signed and sealed by administrative
department for industry and commerce). D. A copy of the annual audited
Certificate of Tax Registration. E. A copy of the Certificate of Code of
Organization in the State F. A copy of identification documents of the Legal
Statutory representative registered on the Business License of Enterprise. G.
Documentary evidence of the investment share of the stockholders of the
enterprise. These copies shall be attached to the original documents for
examination.
Application for the rights to engage in foreign trade.
Qualifications.
A. The enterprise shall be the enterprise with legal personnel, or the
individual proprietorship or partnership enterprise (hereinafter referred to as
the enterprise). It must register with the administrative department for
industry and commerce, securing a Business License for Legal Representative of
the Enterprise or the Business License. B. The registered capital shall not
be less than RMB 3 million (no less than RMB 1 million for research institutes,
high and new tech enterprises or machinery and electrical enterprises) C. The
enterprise must go through tax registration and pay taxes lawfully. D. The
statutory representative or leading official of the enterprise must not, in the
past three years, have acted as the statutory representative or leading cadre of
an enterprise whose License for Foreign Trade Operation was cancelled.(It means
that during the statutory representative or leading cadre's office term , the
License for Foreign Trade Operation was not cancelled for a violation of
law.)
Materials required to be submitted.
A. Complete the Application Form for Foreign Trade Operation in
Shanghai. B. Complete a written application. (Include a brief introduction on
the nature of the enterprise, components of investment and main business;
business conditions in recent years, the reasons for and the type of
application.) C. A copy of the duplicate annual audited Business License of
Enterprise Legal Person (signed and sealed by administrative department for
industry and commerce). D. A copy of annual audited Certificate of Tax
Registration. E. A copy of the Certificate from the Code of Organizations in
the State F. A copy of identification documents of the statutory Legal
representative registered in the Business License for the Enterprise or of the
person in charge who is registered on the Business License. G. The individual
proprietorship and partnership enterprise shall submit the Capital Inspection
Report issued by an accounting firm, auditing firm or other qualified
capital-inspecting department. H. High & new tech enterprises, and
machinery and electrical appliance enterprises shall submit copies of
certificates issued by the appropriate technology department or other related
department. The copy materials shall be attached to the original documents
for examination. |