Ministry Of Foreign Trade And Economic Cooperation Foreign-Funded International Freight Forwarding Enterprises Management

Original Language Title: 对外贸易经济合作部外商投资国际货物运输代理企业管理办法

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(December 11, 2002 Ministry of foreign trade and economic cooperation announced 2002 36th) full-text article to promote the healthy development of China international freight forwarding industry, regulating the establishment of foreign-funded international freight forwarding enterprises and business behavior, foreign-investment enterprises in accordance with relevant laws and regulations and the People's Republic of China international freight forwarding industry regulation, these measures are formulated.
    Second article this provides by said of foreign investment international goods transport agent enterprise is refers to foreign investors to Sino-foreign joint venture, and foreign cooperation and foreign owned form established of accept import and export goods consignee, and shipping people of delegate, to client of name or to himself of name, for client handle international goods transport and the related business and charged service paid of foreign investment enterprise (following said "foreign investment international freight agent enterprise").
    Article People's Republic of China Ministry of foreign trade and economic cooperation (hereinafter "the Ministry") and its authorized bodies are foreign-funded international freight forwarding enterprises of approval and authority.
    Fourth foreign investor can joint venture, cooperation or wholly-owned foreign-funded international freight forwarding enterprises established within the territory of China.
    For foreign investors to set up Sino-foreign joint ventures, Chinese-foreign cooperative joint venture, China international freight forwarding enterprises funded ratio should not be less than 25%; foreign-funded international freight forwarding business application specific processing times by the MOFTEC announced separately.
    Buy established foreign investors can purchase international freight forwarding enterprises, equity ratio and qualification must comply with the requirements of investors, involving State-owned assets shall be handled according to relevant laws and regulations. Fifth article application established foreign investment international freight agent enterprise of foreign joint venture who must has following conditions: (a) China in the at least has a is engaged in international freight agent business of international freight agent enterprise, or is engaged in import and export business of enterprise, or is engaged in related of traffic transport or warehouse business of enterprise, meet above conditions of China joint venture who in China in the should for first big shareholders; (ii) foreign joint venture who at least has a is business international freight agent business 3 years above of enterprise,
    Fulfil the conditions of foreign joint ventures should be as the first major foreign shareholders, (iii) Sino-foreign joint venture within 3 years before the date of his application did not violate rules of behavior.
    Sixth joint venture in China with a foreign investment international freight forwarding enterprises engaged in more than two years, may not set up the second for international forwarding agent business.
    Seventh article established foreign investment international freight agent enterprise must meet following requirements: (a) registered capital minimum limit for 1 million dollars; (ii) has at least 5 name engaged in international freight agent business 3 years above of business personnel or made corresponding qualification certificate of business personnel; (three) has fixed of business places; (four) has necessary of communications, and transport, and handling, and packaging, business facilities. Eighth article by approved, foreign investment international freight agent enterprise can business following part or all business: (a) set class (Charter, and Charter, and package class), and checked, and warehouse, and packaging; (ii) goods of prison loaded, and prison unloading, and container assembled split box, and distribution, and transit and the related of short transport service; (three) agent customs, and reported inspection, and reported check, and insurance; (four) versions business about single card, and delivered freight, and settlement and the delivered miscellaneous; (five) international exhibits, and private items and the transit goods transport agent; (six) International more type transport, and
    China shipping container lines (including container consolidation); (VII) International Express (excluding private letters and military organs above the county level document delivery business); (h) Advisory and other international freight forwarding business.
    Letters and letter articles (excluding private letters and military organs above the county level document delivery business) international express business enterprises shall, after approval by the Foreign Trade Department Post Office post entrust certificate. Nineth established foreign-funded international freight forwarding business should foreign invested enterprises according to the current national legal procedures and regulations, make an application to the Ministry, reviewed and approved by the Department authorized by the foreign trade and economic cooperation and the establishment of enterprises and foreign-invested Enterprise approval certificate issued and the international freight forwarding agents certificate of approval.
    Established foreign investment international freight agent Enterprise needed provides following file: (a) applications; (ii) feasibility research report; (three) contract, and articles; (four) Board members and the main management personnel list and the resume; (five) business sector issued of Enterprise name pre approved notice; (six) investors where country or area of registered registration proved file and the funding letter proved file; (seven) main investment party of qualification proved; (eight) enterprise business places proved; (nine) approval organ requirements provides of other file.
    Article tenth foreign-funded international freight forwarding enterprises management in General, the term not exceeding 20 years. 11th foreign-funded international freight forwarding business, opened a year and funded by all partners has been fully in place, can apply to set up branches in other parts of the country. Subsidiary's scope should be within the scope of its head office. Branch of civil liability borne by the Corporation. Each to set up a foreign-funded international freight forwarding enterprises engaged in international freight forwarding operations branch, should increase the registered capital of 120,000 dollars.
    False capital contribution or withdrawal of registered capital of irregularities, such as obtaining approval authorities set up branch offices, in addition to the relevant laws and regulations be punished outside, the approving authority will revoke its branch of the international freight forwarding agents certificate of approval. Applying for establishing a branch, applications should be made to the Ministry, MOFTEC set up branch offices or departments authorized, with the consent of the proposed approval of the local foreign trade authorities agreed with the views.
    Foreign investment international freight agent enterprise established branch needed provides following file: (a) intends established branch location outside trade sector of agreed views letter; (ii) Board on established branch, and increased funding and the modified articles of resolution; (three) about increased funding matters on joint venture contract, and articles of modified agreement; (four) enterprise business situation report and the established branch of reason and feasibility analysis; (five) Enterprise inspection funding report; (six) branch of practitioners and the business places proved material;
    (VII) other documents required by the approval authority.
    12th foreign-funded international freight forwarding enterprises should strictly comply with the relevant national foreign investment laws and regulations, as well as the People's Republic of China international freight forwarding industry regulation and its implementing rules, and for its illegal or irregular activities relevant departments will, in accordance with the appropriate laws and regulations will be punished.
    13th to encourage foreign-funded international freight forwarding companies to participate in the China International Freight Forwarders Association, the China Association of enterprises with foreign investment, such as civil society and trade guilds, and consciously accept the supervision and guidance.
    14th the Hong Kong, Macao, Taiwan area companies, enterprises, other economic organizations and individuals on the mainland investment in international freight forwarding enterprises, these rules shall apply by analogy.
                                                                                                                              15th these measures implemented since the release date of 30th, original foreign-funded international freight forwarding enterprises management regulations as well as void.

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