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The Ministry Of Commerce On The Revision Of The Regulation On Import And Export Licensing Agencies Decided To

Original Language Title: 商务部关于修改《进出口商品许可证发证机构管理办法》的决定

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The Ministry of Commerce on the revision of the regulation on import and export licensing agencies decided to

    (On September 12, 2010 Commerce makes 3rd, announced since announced of day up purposes) given China export pre nuclear signed chapter system has Yu May 2008 stop implementation, to makes import and export commodity license sent card institutions management approach ([1999] outside trade distribution tube letter word 68th,) of related expressed meet reality, Commerce decided on import and export commodity license sent card institutions management approach for following modified:

    In a section, delete the first "(including certificate of import and export licenses and textile passive quotas, hereinafter".

    Second, delete the 40th article: "(c) not permit issued according to the export price."

    Third, dier、San、Wu、JIU、Shi, 14, 21, 22, 26, 42 and 43 of the "Ministry" unified revised as "Ministry of Commerce".

    The import and export licensing bodies regulation be revised in accordance with this decision and publish it again.

    Appendix: administrative measures for import and export licensing agencies (revised 2010)

    Chapter I General provisions

    First to strengthen the management of import and export licensing, issuing of institutionalization, standardization and the management of technology, maintain normal order of foreign trade and economic cooperation of economy, according to the People's Republic of China foreign trade law and the national rules concerning license administration, measures are formulated.

    Second quota Licensing Board (hereinafter referred to as the license Bureau), authorized by the Ministry of Commerce exercise unified management over the licensing work, responsible to the Ministry of Commerce.

    Article licensing bureaus are responsible for supervision, inspection, management around the Office of the Department of Commerce Office (hereinafter the Office), or by provinces, autonomous regions, municipalities, separately listed cities and parts of the capital city foreign economic and Trade Committee (departments and bureaus) subordinate certification authorities (hereinafter referred to as the local certification bodies) of import and export licensing and operational guidance. The fourth license Bureau according to the regulations issued by the national focus on managing product licenses. The special, local certification bodies (hereinafter referred to as the issuing agency) license components within the mandate of the Council which is responsible for issuing import and export permits.

    Its licensing businesses accept the license management and direction of the Board, to the license Bureau.

    Chapter II certification organization

    Fifth license Bureau under the Ministry of Commerce to permit management of the macro-request in accordance with the principles of enterprises, reduce duplication and to develop certification bodies setting and adjustment programmes. Sixth regional certification bodies should, in principle, with local administrative departments of separation in the body or person.

    Issuing bodies set up by the local foreign economic and Trade Commission and its staff are equipped with (departments and bureaus) adjusted according to local realities or separation.

    Seventh place to establish principles and conditions of issuing bodies: A provincial-level administrative regions in principle the establishment of a certification body.

    Local establishment of a certification body shall satisfy the following conditions:

    (A) according to actual needs, has some licensing effort.

    (B) issuing special equipment such as configuring your computer, and the implementation of a unified network management.

    (C) equipped with a degree of political and professional qualities, be familiar with guidelines, policies, license management, foreign economic and trade regulations, full-time staff and management staff of the visa specification.

    The eighth local certification bodies under the certification workload to develop staffing programs, staffing programmes must be reported to the license Bureau. Nineth license Bureau in conjunction with the Ministry of Commerce for Operations Division of the Office issuing business offices, local certification bodies for acceptance.

    Acceptance can be engaged in the certification of work.

    Chapter III duties of each issuing agency

    Tenth acceptance of permits issued by the Council in accordance with the list of license management, product certification part of the import and export license.

    11th strictly in accordance with licensing rules and regulations, accepted visa norms issued import and export licenses, not ultra vires or beyond the certification, without quotas or exceeding quota licensing is strictly prohibited.

    12th strictly according to the regulations in time through the China international electronic commerce network reported import and export licensing data.

    13th contact responsible for the area or areas of various types of import and export licenses issued and statistical analysis on the use of quotas, comprehensive reporting and licensing bureaus, by licensing bureaus around the summary analysis, monthly feedback to the Department of Commerce licensing and quota usage.

    14th each issuing agency under the Ministry of Commerce regulations, establish a sound internal management of the following system:

    (A) the permit issued by the internal audit system;

    (B) the seal using the storage system;

    (C) licensing registration system;

    (D) the management system certification procedures;

    (E) issuing special equipment management systems;

    (F) the blank certificate storage, use the registration system;

    (G) records management system;

    (H) the license fee financial management system. 15th all license issuing bodies shall establish import and export licensing acceptance, approval, printing, (rich) nuclear, and data transmission, such as the responsibility of the transfer.

    Import and export license must be signed by the work of two or more programs.

    16th certification bodies should study and analyze license management, import and export of goods, problems encountered in the work of handling licensing should be promptly reported to the license Bureau for instructions.

    17th the issuing bodies accept the license Bureau, responsible for the collection of license fees.

    18th the issuing agency for enterprise information implementing the country's foreign trade policies and provide services to enterprises.

    Fourth chapter licensing software, data and equipment management 19th special equipment by certification agencies issuing licenses in accordance with the license-issuing organs traffic integrated configuration management.

    Special equipment for issuing State-owned fixed assets, included in the license Bureau to fixed asset management.

    20th all license issuing bodies shall establish computer equipment management system and maintenance system to ensure that equipment for licensing and certification of LAN security, reliability. 21st the certification agencies issuing computer equipment must use the Commerce Department issued import and export license management system software and textile certification system software, other software, floppy disks are not allowed. Not allowed to change the code and licensing data. Floppy disks must be on textile enterprise reporting for anti-virus processing of the operation.

    To prevent the computer "hacker" invasion issuing LAN. 22nd the certification procedures of the Ministry of Commerce issued by the licensing agency software, reporting data software and key disk counters as confidential documents the implementation of special management and supervise their use. Software to copy backups, should be carried out under the supervision of the Director. Copy backups should be stored in a special counter. Software can only be installed on the issuing certification program-specific computer.

    All license issuing bodies on certification procedures and reporting data procedures should be required to reset your password, password change on a quarterly, and secrecy.

    23rd licensing and special equipment can only be used for import and export licenses issued and shall not be appropriated for other purposes.

    24th the issuing agency staff should be strictly in accordance with visa issuing the standard operation using computer equipment, no licensing computers engaged in anything other than the licensing management.

    The fifth chapter of financial management 25th strictly enforce the financial rules and regulations of countries and relevant departments.

    According to the national administrative charges and regulations, permits implementation of "two lines of income and expenditure" management. 26th license Bureau entrusted by the Ministry of finance and the Ministry of Commerce as a licensed collection units, unified management of license fees.

    Issuing institutions authorized by the license Bureau is responsible for the collection of license fees, is to instruct practising your units.

    27th all license issuing bodies shall be strictly in accordance with State-approved import and export permit fees and fees and charges, and using the Treasury produced license Bureau issued "special fees for license of import and export goods receipt".

    28th all license issuing bodies shall be strictly in accordance with the license Bureau of the relevant provisions on time, in full pay license fee income, and in accordance with the provisions of the Licensing Board, the scope and standards under operational requirements. 29th the certification bodies should be strictly financial, property management files.

    Financial, property files include: license private bills, account books, financial statements, accounting documents, and special equipment card and related information.

    Sixth chapter license blank certificate visa stamps and profile management Certification bodies of the 30th "Special seal for import and export licensing" and "Special seal for textile quota certificate" issued by the license Bureau engraving and.

    Visa seal should be used in person to custody and supervision. 31st blank license subscription print and licensing of work by the Council uniform management. After receiving blank license issuing bodies shall immediately organize acceptance, acceptance required by the presence of two people at the same time, acceptance and correct login account and fill in the acceptance of records after the license Bureau.

    Boxes seals damaged out of box to check the license inside the box, found missing should be immediately sealed and made written records and written license Bureau for processing. 32nd all issuing bodies should strengthen blank license management, and blank certificates and certificate of error, waste storage, a library account registration sign systems. Blank certificate needs two persons present out of the box and check the box certificate number and number of copies, check the rear handle the registration formalities.

    Abnormality was detected (missing, wrong, and without security flag, etc) make a written record shall be immediately sealed and submitted to the license Bureau for processing. Article 33rd time permits that have been issued to the original material with respect to, archiving. Ensure the integrity of the license file. Upon the release of the license, a person shall not alter its original archives. No person shall, without permission to collect the license file.

    Photocopying or lending license must complete the registration procedures for archiving.

    34th Special seal and blank visa certificate, error and waste permits and license file implementation of special counters (room) in storage, to prevent loss, damage, theft.

    The 35th license file:

    (A) the license of reserves;

    (B) approval of the permit application form (change);

    (C) the licensing authority (license, quota, or proof of registration, tender product license certificates, contracts, letters or letter);

    (D) issuing a floppy disk;

    (E) registration;

    (F) the blank certificate requisition verification registration;

    (G) other information that needs to be saved;

    (VIII) waste, wrong license file, blank certificates, permits destruction of registration books. 36th license blank certificates and license file storage, destruction according to relevant provisions of confidential documents. License file retention period of five years, unused blank certificate expiration date is two years. Destroyed must be detailed registration certificate number, and complete the approval procedures.

    Without the leadership's approval, no person shall, without authorization, transfer, destruction.

    The seventh chapter training 37th license Bureau is responsible for the unified management of the issuing institution staff training, development of certification training materials.

    Training includes foreign trade, quota and license management rules and regulations, Visa standard, computer operation and software use.

    Article 38th of the issuing agency staff must receive this training before they can post. The staff send the license Bureau is responsible for the Organization of training before. Staff of the local certification bodies by the local certification bodies responsible for the Organization of training.

    License Bureau are not issuing regularly organized staff training as needed.

    The eighth chapter of rewards and punishment

    39th to strictly comply with the license business, equipment, finances, seal, records management rules and regulations, providing quality services for enterprises, license issuing agency or individual achievements in the work, will be commended and rewarded.

    40th article on one of the following acts, depending on the seriousness of separately criticized, right to stop individual product certification, until the abolition of the goods right of punishment:

    (A) quota-free, exceeding quota licensing;

    (B) the breach of quota and license regulations, to renew the license without authorization;

    (C) beyond the jurisdiction issue, change the license;

    (D) is not required to report licensing data or delayed reporting data, inaccurate, criticism is not correct or report data to deception;

    (E) in accordance with this approach calls for the establishment of internal management system or with system implementation, as well as special blank license certificate, Visa, license files, computer certification and data management programs and password lost, leaked, or been unlawfully, causing accidents;

    (F) violate "license fee income financial management regulations" do not pay in full and on time and license fee income or use special documents for permit fees, unauthorized charges standard.

    Certification bodies of the 41st such behavior directly responsible shall be removed from the post, and depending on the seriousness of higher authorities by issuing institutions respectively give notice of criticism, warning, demerit, demerit, demotion, dismissal, dismissal and other disciplinary action, and hold competent leadership; violated shall be investigated for criminal responsibility.

    42nd license Bureau is responsible for the irregularities of the issuing agency for investigation and punishment, cancel the certification bodies issuing powers of punishment reported to the Ministry of Commerce for approval in the Executive.

    The Nineth chapter supplementary articles

    43rd article this way by the Ministry of Commerce quota license Bureau is responsible for the interpretation, where inconsistent with this provision of the relevant provisions in the past, the present provisions shall prevail. 44th issue herein from the date of implementation.