Measures of Hubei Province for the Administration of Foreign Trade Enterprises

Chapter I General Provisions Article 1 In order to strengthen the management of overseas trading enterprises and promote the healthy development of overseas trading enterprises, these measures are formulated in accordance with the relevant provisions of the state and the specific conditions of our province. Article 2 The term "overseas trading enterprises" as mentioned in these Measures refers to trading enterprises established outside our province or abroad, mainly engaged in import and export trade, with local Economic legal qualification, independent accounting and self-financing. Article 3 The Provincial Foreign Economic Relations and Trade Commission (hereinafter referred to as the Foreign Economic and Trade Commission) is the centralized management department of overseas trade enterprises in the province, responsible for the declaration and approval of the establishment of overseas trade enterprises by all units in the province, and guiding the principles and policies of overseas trade enterprises. Article 4 Overseas trading enterprises shall abide by the laws and regulations of China and the host country (region), operate according to law, and take the initiative to accept the coordinated management of Chinese embassies (consulates) stationed in local commercial institutions. Article 5 The purpose of overseas trading enterprises is to make use of overseas resources, technology, capital, market and scientific management methods to promote and expand our province's export to earn foreign exchange, promote the internationalization of enterprises, develop foreign economic and trade cooperation, and serve the opening up and economic construction. Article 6 The main tasks of overseas trading enterprises are: to explore the international market and expand export to earn foreign exchange; Conduct market research, transmit economic and trade information, and expand export services for domestic enterprises; Introduce foreign bonuses, advanced technology and equipment and management experience to carry out diversified operations; Training international economic and trade professionals for domestic enterprises; Complete other tasks assigned by the competent department and the organizer. Chapter II Application and Approval Article 7 To apply for an overseas trading enterprise, a domestic enterprise must meet the following conditions:

(a) has been registered in the provincial administrative department for Industry and commerce;

(2) Having the right to operate foreign trade import and export;

(3) The total amount of foreign exchange earned by export has reached more than 5 million US dollars;

(4) Having the capital and operational capacity required for the establishment of an overseas trading enterprise. Eighth the establishment of overseas trade enterprises, belonging to the provincial foreign trade system, directly to the provincial foreign economic and trade commission to declare; Belong to other industries directly under the province, first reported to the competent department, with the consent of the competent department, transferred to the provincial foreign economic and Trade Commission for review; If it is established below the provincial level, it should be reported to the foreign economic relations and trade administration department at the same level first, and then reported to the provincial foreign economic relations and trade commission for examination after its consent. After the application submitted by the provincial foreign economic and trade commission is examined and approved, it shall be examined and approved according to the specific conditions and examination and approval authority of the proposed enterprise, or submitted to the provincial government, the Ministry of Foreign Trade and Economic Cooperation and the Hong Kong and Macao Affairs Office of the State Council for examination and approval. Article 9 To apply for the establishment of an overseas trading enterprise, the following documents shall be submitted:

(1) Application report. The main contents include the basic information of the applicant, the completion of national export tasks, the economic and trade situation of the country (region) where the proposed enterprise is located, the short-term and long-term work objectives of the proposed enterprise, the name, address, internal organization form, joint venture or cooperation mode with foreign parties, the number of expatriates, business scope, registered capital, investment amount and source of funds, etc.

(2) Feasibility report. The main contents include the basic situation of the country (region) where the proposed enterprise is located, the regulations for our resident personnel, the analysis of the local market situation, and the forecast and analysis of the enterprise's work plan and operating efficiency.

(3) Articles of association of the enterprise.

(4) A joint venture or cooperative enterprise shall submit a joint venture or cooperation agreement or contract, and provide the credit information of the joint venture partner (credit certificate, industrial and commercial registration, registration certificate, etc.). ).

(five) the written opinion of the commercial institution of China's local embassy (consulate) on agreeing to set up an institution in that country (region).

(6) Other relevant documents or materials. Article 10 An approved foreign trade enterprise shall go through the formalities of payment of foreign exchange, registration of state-owned assets, taxation, customs, commodity inspection, labor dispatch and so on with the approval of enterprise establishment. Article 11 An approved foreign trade enterprise shall go through the registration formalities in a timely manner according to the provisions of the country (region) where it is located, and submit a copy of the relevant foreign or overseas registration documents to the provincial foreign economic and trade commission and the organizer for the record. Chapter III Operating Mechanism Article 12 After being approved and registered locally, an overseas trading enterprise becomes a local legal person enterprise, and implements an operating mechanism of independent accounting, independent operation, self-financing, self-restraint and self-development. Article 13 The general manager of a wholly foreign-owned trading enterprise shall be appointed by the domestic organizer, and the board of directors shall be established by the organizer. Article 14 Overseas trading enterprises in the form of joint stock limited companies shall implement the general manager responsibility system under the leadership of the board of directors. The board of directors is composed of shareholders in proportion to their shares, and the chairman is elected by the board of directors. Fifteenth of the province's overseas trade enterprises to implement economic target management. The economic target shall be assessed by the competent department and the board of directors (or organizer) according to the fiscal year.

(1) The import and export business volume of the enterprises that have started business should reach more than1000000 USD in the first year, and increase by more than 20% every year thereafter.

(two) in the first year, the organizer will provide the start-up expenses and working capital, and in the second year, the enterprise will be responsible for its own profits or losses, and the profit index will be approved from the third year.

(3) The enterprise shall report its work to the foreign economic and trade commission and the organizer once every six months; After the end of each year, submit the work summary and financial statements in writing.

(four) the main contents of the annual economic target assessment include: the preservation and appreciation of enterprise assets; Expanding export to earn foreign exchange and its operating conditions; Profit and loss and the main reasons; Whether the accredited personnel, including political performance and business performance, have any disciplinary problems.

(5) After assessment, the province selects 10 advanced overseas trade enterprises every year. Give certain material and spiritual encouragement to the organizers and expatriates who have been rated as advanced enterprises in overseas trade.