(Approved by the State Council on June 6, 1995, and promulgated by Decree No. 5 of the Ministry of Foreign Trade and Economic Cooperation on June 29 , 1995 )
Chapter I General Provisions
Article 1 These Provisions are formulated for the purpose of standardizing the activities of international goods shipping agency, safeguarding the lawful rights and interests of the consignees and consignors of imported and exported goods and of international goods shipping agency enterprises, and promoting the development of foreign trade.
Article 2 The international goods shipping agency industry referred to its these Provisions means the industry which receives the entrustment of a consignee or consignor of imported or exported goods in the name of the person so entrusting ( :r their own name, to handle international goods shipping and related business for the person so entrusting and to collect compensation for service.
Article 3 International goods shipping agency enterprises must obtain the status of a legal person enterprise of the People's Republic of China in accordance with law.
Article 4 The competent department of foreign trade and economic cooperation of the State Council shall be responsible for the national supervision over and control of the international goods shipping agency industry.
The competent departments of foreign trade and economic cooperation of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and special economic zones (hereinafter referred to as the local competent departments of foreign trade and economic cooperation) shall, according to these Provisions and within the scope of powers delegated by the competent department of foreign trade and economic cooperation of the State Council, be responsible for the supervision over and control of the international goods shipping agency industry within their respective administrative regions.
Article 5 To exercise supervision over and control of the international goods shipping agency industry, the following principles shall be complied with:
(I ) To meet the demands of development of foreign trade and to promote rational geographic distribution of the international goods shipping agency industry; and
(2) To protect fair competition and to promote the improvement of service quality of the international goods shipping agency industry.
Article 6 Any international goods shipping agency enterprise shall abide by the laws and administrative regulations of the People's Republic of China, and shall be subject to supervision and control exercised by the competent departments of the relevant industries in accordance with the provisions of relevant taws and administrative regulations.
Chapter II Requirements for Establishment
Article 7 To establish an international goods shipping agency enterprise, the following requirements shall be satisfied in light of the characteristics of the industry concemed
(1) There are professional personnel who are suited to conduct the business of an international goods shipping agency;
(2) There is a fixed place of business and necessary business facilities; and
(3) There are stable commodity supply markets for import and export.
Article 8 The minimum amount of registered capital for an international goods shipping agency enterprise shall comply with the following requirements:
(1) The minimum amount of registered capital for those engaged in marine transportation of international goods shall be RMB 5 , 000 , 000 yuan;
(2) The minimum amount of registered capital for those engaged in an transportation of international goods shall be RMB 3 , 000 , 000 yuan; and
(3) The minimum amount of registered capital for those engaged in land transportation of international goods or international express delivery shall be RMB 2,000,000 yuan.
For any enterprise engaged in two or more items of business specified in the preceding paragraph, the minimum amount of registered capital shall be the highest one among them.
Whenever a branch of an international goods shipping agency enterprise is to be established, which will itself act as an international shipping agency, the registered capital of the international shipping agency enterprise shall be increased by RMB 500 , 000 yuan.
Chapter III Pare for ration and Approval
Article 9 To establish an international goods shipping agency enterprise, the applicant shall submit an application to the local competent department of foreign trade in the place where the international shipping agency enterprise to be established is located, which after the local competent department of foreign trade gives comments, is transferred to the competent department of foreign trade and economic cooperation of the State Council for examination and approval.
If an enterprise which is located in Beijing and directly under the jurisdiction of a department of the State Council applies for the establishment of an international goods shipping agency enterprise in Beijing, the application shall be made directly to the competent department of foreign trade and economic cooperation of the State Council, which shall conduct an examination before granting approval.
Article 10 To apply for the establishment of an international goods shipping agency enterprise, the following documents shall be submitted;
(1) An application;
(2) Draft articles of association of the enterprise ;
(3) The names, positions and identification papers of the responsible person and principal professional employees;
(4) A credit standing certification and statement of business facilities;
(5) Other documents prescribed by the competent department of foreign trade and economic cooperation of the State Council.
Article 11 The local competent department of foreign trade shall make a comment within 45 days of receiving the application for establishment of an international good shipping agency enterprise and other documents, and shall submit them to die competent department of foreign trade and economic cooperation of the State council.
The competent department of foreign trade and economic cooperation of the State Council shall decide to approve or disapprove tire application within 45 days after receiving the application for the establishment of an international goods shipping agency enterpnse and other documents, and issue a certificate of approval to the international goods shipping agency enterprises whose establishment has been approved.
Article 12 An international goods shipping agency enterprise shall, on the strength of the certificate of approval issued by the competent department of foreign trade and economic cooperation of the State Council and according to the provisions of relevant laws and administrative regulations, go through the procedure for enterprise registration and taxation registration.
Article 13 If the applicant, without reasonable cause, fails to commence business operations within 180 days fiom the date of receiving the certificate of approval, the competent department of foreign trade and economic cooperation of the State Council shall revoke the certificate of approval.
Article 14 The certificate of approval shall be valid for 3 years .
If an international goods shipping agency enterprise needs to continue its operation as an international goods shipping agency at the expiration of the certificate of approval, it shall, within 30 days prior to the expiration of the certificate of approval, apply to the competent department of foreign trade and economic cooperation of the State Council for the renewal of the certificate of approval.
If any international goods shipping agency enterprise tails to apply for the renewal of the certificate of approval in accordance with the provisions of the preceding paragraph, its qualification for the engagement of international goods shipping agency industry shall be forfeited automatically upon the expiration of the certificate of approval.
Article 15 If any international goods shipping agency enterprise is to cease business, it shall, according to the establishment procedures for application and approval stipulated in Article 9 of these Provisions, report to the local competent department of foreign trade or to the competent department of foreign trade and economic cooperation of the State Council and hand in the certificate of approval for cancellation .
Article 16 If any international goods shipping agency enterprise applies for the establishment of a branch to engage in the international goods slipping agency industry, it shall handle the matter according to the procedures prescribed in this Chapter.
Chapter IV Business Operations
Article 17 Any international goods shipping agency enterprise may be entrusted with any or all of the following operational activities:
(I) Booking cargo space and storage of goods;
(2) Monitoring :! , loading and unloading of goods, assemble .11 d disassemble of containers;
(3) Intemational multimodal transport;
(4) lntenational express delivery, with die exception of private letters; (5) Declaration of customs, inspection. examination and insurance;
(6) Compliing the reievant bills, paying transpo???? accounts, and paying miscellaneous expenses; and
(7)Other business of an international goods shipping agency.
Any international goods shipping agency enterprise shall engage in business activities within the approved scope of business operations. If the engagement in any of the business activities specified in the preceding paragraph is subject to registration with the competent organ in accordance with the provisions of the relevant law and administrative regulations, such registration shall be made with the relevant administrative organ.
International goods shipping agency enterprises may entrust each other with tile business items specified in Paragraph 1 of this Article.
Article 18 International goods shipping agency enterprises providing services for the consignee and consignor of imported and exported goods shall adhere to the business policy of security, speed, accuracy, economy and convenience.
Article 19 International goods shipping agency enterprises shall determine fee standards according to the relevant provisions of the State, and make them known to the public at its place of business.
Article 20 International goods shipping agency enterprises engaged in business of international goods shipping agency must use the invoice examined and approved by the taxation organ.
Article 21 International goods shipping agency enterprise shall, before the end of March of each year, submit material of operating situation of previous year to the local competent department of foreign trade where it is located.
Article 22 No international goods shipping agency enterprise may engage in any of the following activities:
(1) To carry out business activities by means of unfair competition; or
(2) To lend, rent or transfer the certificate of approval or documents used in the international goods shipping agency business.
Chapter V Penalty Provisions
Article 23 Any international goods shipping agency enterprise in violation of the stipulations of Article 19 or 21 of these Provisions shall be given a warning and ordered to make corrections within a time limit by the competent department of foreign trade and economic cooperation of the State Council; if no corrections are made within the time limit, the certificate of approval shall be revoked.2
Article 24 Any international goods shipping agency enterprise in violation of the stipulations of Paragraph 2 of Article 17 , or Article 20 or 22 of these Provisions shall be given a warning, ordered to stop business and make corrections, and may even have revoked the certificate of approval by the competent department of foreign trade and economic cooperation of the State Council; may also be punished by the relevant administrative departments of industry and commerce administration, customs and taxation in accordance with the relevant provisions of law and administrative regulations.
Article 25 Where in violation of the stipulations of these Provisions, the business of international goods shipping agency prescribed in Article 17 of these Provisions is being engaged in without authorization, the competent department of foreign trade and economic cooperation of the State Council shall ban such illegal business activities, and the administrative department for industry and commerce may also impose punishment according to the relevant provisions of law and administrative regulations.
Article 26 Anyone who is in violation of these Provisions shall be investigated for criminal responsibility according to law if a crime is constituted.
Chapter VI Supplementary Provisions
Article 27 International goods shipping agency enterprises may, according to law, establish an international goods shipping agency industry association, and the association shall carry out coordination, guidance and service for its members u7 accordance with its articles of association.
Article 28 These Provisions sball come into force as of the date of promulgation.
