法律英语|对外贸易经济合作部关于中华人民共和国进出口企业代码管理方法外

[1997]外经贸办发第498号
颁布日期：19970825 推行日期：19970825 颁布单位：对外贸易经济合作部

WaiJingMaoBanFaZi [1997] No.498

August 25, 1997

Article 1 These rules for implementation^{1 are hereby formulated3 in compliance4 with Article 13 of Measures on the Administration of Codes for import and Export Enterprises of the People's Republic of China .}

Article 2 import and export enterprises in the Measures on Administration refers to various enterprises with legal person status and permitted by the State to engage in foreign trade and economic cooperation. The Rules are only applicable to enterprises with foreign investment among them .

Article 3 All the enterprises with foreign investment established by law shall, in accordance with relevant provisions of the Rules, obtain the codes for im/ex enterprises of the People's Republic of China .

Article 4 Departments with written Approval Certificate for Enterprises with Foreign Investment by MOFTEC and the Approval Certificates for Enterprises with Investments of Taiwan, Hong Kong, Macao and overseas Chinese , shall be the departments in charge of the codes for im/ex enterprises of local enterprises with foreign investment, the administrative^{7 competence8 is not allowed to be transferred to any of the levels below. The administrative departments of the issuing of the approval certificates must be capable of being net-linked with MOFTEC's foreign investment statistics network and the issuing administration network of the approval certificates, must be capable of inputting9 relevant information accurately10, timely and completely as well as having corresponding administrative measures. MOFTEC shall separately formulate2 verification rules for the qualification of the administrative departments which issue the approval certificates.}

Article 5 The sole codes for im/ex enterprises are applicable to the State's macro-management over foreign trade and economic cooperation, foreign trade operations of enterprises with foreign investment and electronic data interchange in international trade.

Article 6 The codes for im/ex enterprises have thirteen-digit numerals, the structure is as follows:

The first to the fourth digits^{11 are codes for the administrative regions in which the registrations13 of im/ex enterprises are made, using the Codes for the Administrative Regions of the People's Republic of China . Among them, the first and second digits are codes for the provinces, autonomous14 regions or municipalitie directly under the Central Government in which the registrations of the im/ex enterprises are made; the third and fourth digits are codes for cities under provinces , only used by special economic zones and cities under direct central planning , other cities under provinces totally write 00.}

The fifth to thirteenth digits are Codes for the State Organizations and Units of the im/ex enterprises checked and issued by the State Bureau of Technical Supervision^{16 or its authorized17 organizations, adopting Compiling Norms of the Codes for the State Organizations and Units .}

Article 7 The codes for im/ex enterprises of foreign investment are issued by the examination and approval authorities which approve the establishments of enterprises with foreign investment. The codes for im/ex enterprises shall be added to the contents of the approval certificates which are printed by MOFTEC. The administrative departments of foreign trade and economic cooperation shall issue the codes for im/ex enterprises together with the approval certificates, no other ways of issuing the codes for im/ex enterprises to enterprises with foreign investment shall be taken.

Article 8 New edition of the approval certificate is put into use on January 1, 1998. From January 1, 1998 to April 30, 1998, all the enterprises with foreign investment established by law shall change their approval certificates with the new editions. The on-going approval certificates shall be invalid^{18 on and after May 1, 1998.}

Article 9 From January 1, 1998 to April 30, 1998, the enterprises with foreign investment established by law before January 1, 1997 and regarded as qualified^{19 in the joint annual inspection20 performed by seven ministries21 and commissions under the State Council shall, providing with the Codes for the State Organizations and Units issued by the State Bureau of Technical Supervision or its authorized organizations, apply to the issuing organizations of the approval certificates for the new editions and get the codes for im/ex enterprises simultaneously22.}

Article 10 All the enterprises with foreign investment established by law during the year of 1997 shall, providing with the Codes for the State Organizations and Units issued by the State Bureau of Technical Supervision or its authorized organizations, apply to the issuing organizations of the approval certificates for the new editions and get the codes for im/ex enterprises simultaneously.

Article 11 Starting from January 1, 1998, all the enterprises with foreign investment established by law shall, providing with the approval documents on the establishment given by the examination and approval authorities, apply to the State Bureau of Technical Supervision or its authorized organizations for the Codes for the State Organizations and Units. Then these enterprises shall, providing with the Codes for the State Organizations and Units, apply to the issuing organizations for the approval certificates, and mean-while, get the codes for im/e enterprises.

Article 12 The codes for im/ex enterprises are the only codes for enterprises with foreign investment. The administrative departments of enterprises with foreign investment at all levels shall use the codes for im/ex enterprises while going through business formalities concerning im/ex quotas^{23, im/ex licences, export bidding and capital increasing, business scope enlarging, share transfering, etc.}

Article 13 Enterprises with foreign investment of which the places of registration^{12 are changed , while applying for the changing of the approval certificates, must apply for new codes for im/ex enterprises.}

Article 14 According to Article 9 of the Measures on Administration, MOFTEC shall set up the annual examination system of the codes for im/ex enterprises. The annual examination of the codes for im/ex enterprises of enterprises with foreign investment shall be conducted in combination with the joint annual inspection performed by seven ministries and commissions under the State Council including MOFTEC. The enterprises with foreign investment shall, in accordance with the requirements of Notice Concerning the Implementation of Joint Annual Inspection to Enterprises with Foreign Investment promulgated^{24 jointly25 by the above seven ministries and commissions, apply for the annual examination on time. For those exceeding the time of application or failing to pass the joint examination, their codes for im/ex enterprises shall be suspended from use or cancelled by the administrative departments.}